1557 enforcement notice
Proposed 1557 regulation revision, including lawsuits filed June 22 and 26
Actions using ACA or related statutes
Litigation versus the Federal Government’s former 1557 regulation
Medical rationing, including the Washington State Office of Civil Rights complaint
++
1557 LITIGATION I’M ACTIVELY TRACKING, 11/15/2022 (alphabetically by district court jurisdiction and then by plaintiff name)
Chinatown Service Center. 1:21-cv-331 (D. D.C.)
Whitman-Walker Clinic, 1:20-cv-1630 (D. D.C.), No. 20-5331 (D.C. Cir.)
Dekker v. Marstiller, 4:22-cv-325 (N.D. Fla.) (1557 Medicaid case)
Fain v. Crouch, No. 3:20-cv-740 (S.D. W. Va.), No. 22-1927 (4th Cir.) (1557 Medicaid case)
Hennessy-Waller v. Snyder, No. 4:20-cv-335 (D. Ariz.), No. 21-15668 (9th Cir.) (1557 Medicaid case)
Flack/Makenzie v. v. Wisconsin, No. 3:18-cv-309 (W.D. Wis.)(closed 1557 Medicaid case)
BAGLY, 1:20-cv-11297 (D. Mass.)
Asapansa-Johnson, 1:20-cv-2834 (E.D. N.Y), 20-3520 and -3827 (2d Cir.)
New York, 1:20-cv-5583 (S.D. N.Y.)
Religious Sisters of Mercy, 3:16-cv-386 (D. N.D.), No. 21-1890 (8th Cir.)
American Coll. Of Pediatricians v. Becerra, 1:21-cv-195 (E.D. Tenn.)
Franciscan Alliance, 7:16-cv-108 (N.D. Tex.), 21-11174 (5th Cir.)
Neese, 2:21-cv-163 (N.D. Tex.)
E.S., 2:17-cv-1609 (W.D. Wash.)
Schmitt, 2:17-cv-1611 (W.D. Wash.)
++
PROPOSED 1557 REGULATIONS REVISION, JULY 2022
HHS, Nondiscrimination in Health Programs and Activities
87 Fed. Reg. 47,824 (Aug. 4, 2022)
Non-Federal-Register version, released July 25, 2022
1557 NOTICE, MAY 2021
HHS Announces Prohibition on Sex Discrimination Includes Discrimination on the Basis of Sexual Orientation and Gender Identity, May 10, 2021
PROPOSED 1557 REGULATIONS REVISION, MAY 2019
HHS, Nondiscrimination in Health and Health Education Programs or Activities
Non-Federal-Register version, released May 24, 2019
HHS fact sheet, May 24, 2019
Federal Register version, 84 Fed. Reg. 27846 (June 14, 2019)
HHS, Nondiscrimination in Health and Health Education Programs or Activities, Delegation of Authority
Non-Federal-Register version, released June 12, 2020
Fact sheet, June 12, 2020
Federal Register version, 85 Fed.Reg. 37160 (June 19, 2020)
1557 SUIT, FILED JUNE 22 (D.C.)
Whitman-Walker Clinic v. U.S. D.H.H.S., No. 1:20-cv-1630 (D. D.C., filed June 22, 2020)
Complaint, with two exhibits
Motion for preliminary injunction, including exhibits, July 9, 2020
[Just the memo]
whitman_us_20200709_motion-preliminary-injunction
| 07/10/2020 | MINUTE ORDER: As discussed in todays telephonic hearing, the Court ORDERS that: 1) Defendants PI Opposition shall be due by July 24, 2020, with Plaintiffs Reply due by July 29, 2020; and 2) The parties shall appear for a hearing on the PI Motion on August 3, 2020 at 2:00 PM Eastern. So ORDERED by Judge James E. Boasberg on 07/10/2020. (lcjeb2) (Entered: 07/10/2020) |
De Facto Attorneys General amicus, July 14, 2020
AARP amicus (first version), July 15, 2020
| 07/15/2020 | MINUTE ORDER: The Court ORDERS that Amici’s 32 Motion is GRANTED. As their proposed attached brief [32-1] violates the Local Rules’ prohibition on excessive footnotes, however, it will not be deemed filed. Amici may file a brief with no more than 10 footnotes containing no more than 50 aggregate lines of text. So ORDERED by Judge James E. Boasberg on 07/15/2020. (lcjeb2) (Entered: 07/15/2020) |
| Second version |
House of Representatives amicus, July 15, 2020
AARP errata, July 20, 2020
US opposition to motion for preliminary injunction, July 24, 2020
Plaintiffs’ reply supporting preliminary injunction, July 29, 2020
Exhibits [2 links do not yet work]
Declaration of Omar Gonzalez-Pagan
Exhibit 1 – Defendants’ Motion to Remand or Stay (Franciscan Alliance)
Exhibit 2 – Plaintiffs’ Motion for Summary Judgment (Franciscan Alliance)
Exhibit 3 – Defendants’ Motion to Modify Final Judgment (Franciscan Alliance)
Exhibit 4 – Court Order dated Nov. 21, 2019 (Franciscan Alliance)
Exhibit 5 – Lambda Legal Defense and Education Fund’s Comments on Proposed Rule
# 7 Exhibit 6 – GLMA’s Comments on Proposed Rule
[problem with document]
Exhibit 7 – American Psychiatric Association’s Comments on Proposed Rule
Exhibit 8 – American College of Obstetricians and Gynecologists’ Comments on Proposed Rule
Exhibit 9 – State Insurance Commissioners of California et al. Comments on Proposed Rule
Exhibit 10 – Cities of New York et al. Comments on Proposed Rule
# 12 Exhibit 11 – National Center for Transgender Equality’s Comments on Proposed Rule
[problem with document]
Exhibit 12 – The California Endowment’s Comments on Proposed Rule
Exhibit 13 – American Psychological Association’s Response to Request for Information
Exhibit 14 – 9/1/17 Letter from James L. Madara, MD to Roger Severino
Exhibit 15 – New York Legal Assistance Group’s Comments on Proposed Rule)
| 08/03/2020 | Minute Entry for proceedings held before Judge James E. Boasberg: Motion Hearing held on 8/3/2020 re 29 MOTION for Preliminary Injunction or, in the Alternative MOTION to Stay Pending Judicial Review Pursuant to 5 U.S.C. 705 filed by BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, RANDY PUMPHREY, AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, ROBERT BOLAN, TRANSLATIN@ COALITION, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC., SARAH HENN, WHITMAN-WALKER CLINIC, INC., LOS ANGELES LGBT CENTER. Oral arguments heard. Government Response due by 8/10/2020. (Court Reporter Lisa Griffith) (znbn) (Entered: 08/03/2020) |
Plaintiffs’ clarification re statement at oral argument, August 6, 2020
Revised clarification, August 7, 2020
US sur-reply, August 10, 2020
Plaintiffs’ notice re developments in Franciscan Alliance, August 12, 2020
Plaintiffs’ notice of additional authority (EDNY), August 17, 2020
US motion for extension of time to answer, August 21, 2020
| 08/24/2020 | MINUTE ORDER: If Plaintiffs oppose Defendants’ 51 Motion for Extension, the Court ORDERS that they shall file such opposition by August 26, 2020. So ORDERED by Judge James E. Boasberg on 08/24/2020. (lcjeb2) (Entered: 08/24/2020) |
Response to motion for extension of time to answer, August 25, 2020
Defendants’ notice of additional authority (Washington), August 31, 2020
Opinion partly granting and partly denying injunctive relief, September 2, 2020
Order, September 2, 2020
US motion/memo to dismiss, September 29, 2020
Plaintiffs’ motion to compel production of administrative record, October 6, 2020
| 10/07/2020 | MINUTE ORDER: The Court ORDERS that Plaintiffs need not respond to Defendants’ 57 Motion to Dismiss until the Court resolves Plaintiffs’ 58 Motion to Compel. So ORDERED by Judge James E. Boasberg on 10/07/2020. (lcjeb2) (Entered: 10/07/2020) |
US opposition to motion to compel, October 20, 2020
Plaintiffs’ reply supporting motion to compel, October 27, 2020
US notice of appeal, October 31, 2020
Order re not producing record’s effect on motion to dismiss, November 3, 2020
D.C. Circuit # 20-5331
Appellants’ preliminary statement of issues to be raised, November 18, 2020
DCC prelim stmt issues to be raised
Plaintiffs’ opposition to US motion to dismiss, December 18, 2020
D.C. Circuit briefing schedule, January 6, 2020
US reply supporting motion to dismiss, January 19, 2021
| 02/01/2021 | MINUTE ORDER: The Court ORDERS that the parties shall appear for a telephonic hearing on February 17, 2021, at 11:00 a.m. to discuss whether the change in administrations will have any effect on either side’s position in this litigation. So ORDERED by Judge James E. Boasberg on 2/1/2021. (lcjeb1) (Entered: 02/01/2021) |
Joint motion for stay, February 16, 2021
| 02/16/2021 | MINUTE ORDER GRANTING Joint 70 Motion to Stay. The Court ORDERS that: 1) The case is STAYED; 2) The hearing set for February 17, 2021, at 11:00 a.m. is VACATED; and 3) The parties shall submit a joint status report by May 14, 2021. So ORDERED by Judge James E. Boasberg on 2/16/2021. (lcjeb1) (Entered: 02/16/2021) |
Joint motion to stay appeal, February 16, 2021
DCC joint motion to stay 2 16 21
Order putting appeal in abeyance, February 18, 2021
Joint status report, May 14, 2021
DCC joint status report 5 14 21
Order, May 14, 2021
Joint status report, July 16, 2021
| 07/19/2021 | MINUTE ORDER: In light of the parties’ 73 Joint Status Report, the Court ORDERS that Plaintiffs shall file any motion to lift the stay by July 26, 2021, with Defendants’ opposition due by August 13, 2021, and Plaintiffs’ reply by August 20, 2021. So ORDERED by Judge James E. Boasberg on 07/19/2021. (lcjeb2) (Entered: 07/19/2021) |
Plaintiffs’ motion to lift stay, July 26, 2021
Joint status report, August 12, 2021
DCC joint status report 8 12 21
US opposition to lifting stay, August 13, 2021
Plaintiffs’ reply supporting lifting stay, August 20, 2021
Order denying motion to lift stay, September 3, 2021
Joint status report, November 3, 2021
| 11/03/2021 | MINUTE ORDER: The Court ADOPTS the parties’ 79 Joint Status Report and ORDERS that they shall file a further joint status report by January 31, 2022. So ORDERED by Judge James E. Boasberg on 11/3/2021. (lcjeb2) (Entered: 11/03/2021) |
US unopposed motion to dismiss appeal, November 10, 2021
Clerk’s order dismissing appeal, November 19, 2021
Joint status report, January 31, 2022
| 01/31/2022 | MINUTE ORDER: The Court ADOPTS the parties’ 80 Joint Status Report and ORDERS that they shall file a further joint status report by March 31, 2022. So ORDERED by Judge James E. Boasberg on 1/31/2022. (lcjeb2) (Entered: 01/31/2022) |
Joint status report, March 31, 2022
WW joint status report 3 31 22
| 04/01/2022 | MINUTE ORDER: Having considered the parties’ 82 Joint Status Report, the Court ORDERS that the requirement that the parties continue to file such Reports at the end of every other month continue. So ORDERED by Judge James E. Boasberg on 04/01/2022. (lcjeb2) (Entered: 04/01/2022) |
Joint status report, May 31, 2022
| 06/01/2022 | MINUTE ORDER: The Court ORDERS that the parties shall submit a further Joint Status Report by August 1, 2022. So ORDERED by Judge James E. Boasberg on 6/1/2022. (lcjeb2) (Entered: 06/01/2022) |
Joint status report, including proposed rule, August 1, 2022
| 08/03/2022 | MINUTE ORDER: The Court ORDERS that Defendants shall provide updates on the status of the proposed rulemaking every other month, with the next report due September 30, 2022, and the following report due November 30, 2022. So ORDERED by Judge James E. Boasberg on 8/3/2022. (lcjeb2) (Entered: 08/03/2022) |
Joint status report, September 30, 2022
Joint status report, November 30, 2022
WWC rulemaking update 11 30 22
| 11/30/2022 | MINUTE ORDER: The Court ORDERS that Defendants shall submit additional Status Reports every 60 days until further Order of the Court. So ORDERED by Judge James E. Boasberg on 11/30/2022. (lcjeb2) (Entered: 11/30/2022) |
Status report, January 31, 2023
Status report, March 31, 2023
=====
1557 SUIT, FILED 2/5/21 (D. D.C.)
Chinatown Service Center v. U.S. D.H.H.S., No. 1:21-cv-331 (D. D.C., filed February 5, 2021)
Notice of related case, February 5, 2021
Joint motion for stay, May 26, 2021
| 05/27/2021 | MINUTE ORDER GRANTING 18 Joint Motion to Stay. The Court ORDERS that: (1) The case is STAYED until July 16, 2021; (2) The parties shall submit a joint status report by that date. So ORDERED by Judge James E. Boasberg on 5/27/2021. (lcjeb3) (Entered: 05/27/2021) |
Joint status report, July 16, 2021
| 07/19/2021 | MINUTE ORDER: Having reviewed the parties’ 19 Joint Status Report, the Court ORDERS that Defendants shall file any motion for voluntary remand or further stay by August 18, 2021, with Plaintiffs’ opposition due by September 17, 2021, and Defendants’ reply due by October 8, 2021. So ORDERED by Judge James E. Boasberg on 7/19/2021. (lcjeb3) (Entered: 07/19/2021) |
US motion for voluntary remand, August 18, 2021
Opposition to remand, September 17, 2021
US reply supporting remand, October 8, 2021
Order partly granting motion to remand, October 13, 2021
| 10/13/2021 | Set/Reset Deadlines: Defendants shall provide updates on their proposed rulemaking at the end of every other month, starting on 11/30/2021. (znbn) (Entered: 10/14/2021) |
Defendants’ status report re proposed rulemaking, November 30, 2021
US status report re prop rulem 11 30
Defendants’ status report re rulemaking, January 31, 2022
[]
Defendants’ status report re rulemaking, May 31, 2022
[]
Status report, including proposed rule, July 29, 2022
Update on rulemaking, September 30, 2022
Status report, November 30, 2022
Status report, January 31, 2023
Status report, March 31, 2023
Chinatown status report 3 31 23
==============
1557 SUIT, FILED JULY 9 (Massachusetts)
Boston Alliance of Gay, Lesbian, Bisexual, and Transgender Youth v. U.S. D.H.H.S., No. 1:20-cv-11297 (D. Mass., filed July 9, 2020)
Amended complaint, September 18, 2020
US motion to dismiss, memorandum, October 14, 2020
Harvard Law School LGBTQ+ Advocacy Clinic amicus, November 18, 2020
Harvard LS LGBTQ clinic amicus
Plaintiffs’ opposition to motion to dismiss, November 18, 2020
[Declarations]
Scholars of LGBT Population amicus, November 20, 2020
Harvard Law School LGBTQ+ Advocacy Clinic amicus, December 3, 2020
US reply supporting motion to dismiss, December 9, 2020
Joint local rule 16.1(d) statement, January 19, 2021
16.1 certification, January 19, 2021
Letter re possible conflicts, February 4, 2021
Letter re Harvard Law School clinic conflicts
US motion for stay, March 3, 2021
BAGLY opposition to stay, March 17, 2021
US status report, March 17, 2021
| 03/18/2021 | 45 | ELECTRONIC NOTICE Setting Hearing on Motion 41 MOTION to Stay Proceedings :This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session’s courtroom deputy as soon as possible.
Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court’s general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 5/10/2021 09:30 AM in Remote Proceeding : Boston before Judge Patti B. Saris. (Lara, Miguel) (Entered: 03/18/2021) |
| 05/10/2021 | 47 | Electronic Clerk’s Notes for proceedings held before Judge Patti B. Saris: 5/10/2021 Status hearing held video on all pending matters. ORDERED: ALL DISCOVERY STAYED…MOTION Dismiss scheduled for 6/3/2021 02:30 PM in REMOTE PROCEEDING: Boston before Judge Patti B. Saris. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 05/10/2021) |
| 05/10/2021 | 48 | Judge Patti B. Saris: ELECTRONIC ORDER entered re 41 MOTION to Stay Proceedings. “Denied for reasons stated on the record at the hearing held on 5/10/2021.” (Baker, Casey) (Entered: 05/10/2021) |
US status report, May 10, 2021
US 1557 notice, May 10, 2021
US 1557 enforcement notice 5 10 21
Plaintiffs’ status report, June 1, 2021
| 06/03/2021 | 52 | Electronic Clerk’s Notes for proceedings held before Judge Patti B. Saris: Motion Hearing held on 6/3/2021 by VIDEO re 21 MOTION to Dismiss for Lack of Jurisdiction. ORDERED: Plaintiff may file supplements by 6/17/21 and or file a letter on ECF informing the court what date would be best to submit further briefs. Motion taken under advisement.(Atty present: Atty Kettlewell, Ausa Holland, Atty Datla)(Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 06/03/2021 |
Plaintiffs’ supplemental declarations, June 17, 2021
US motion for extension of time to respond re record, June 29, 2021
| 06/30/2021 | 58 | Judge Patti B. Saris: ELECTRONIC ORDER entered granting 57 Motion for Extension of Time to File Response/Reply Response due by 7/15/2021 (PBS, law1) (Entered: 06/30/2021) |
US response re standing, July 15, 2021
US response re BAGLY standing 7 15
Order on US motion to dismiss, August 18, 2021
Assented-to extension motion, August 26, 2021
| 08/27/2021 | 65 | Judge Patti B. Saris: ELECTRONIC ORDER entered granting 64 Motion for Extension of Time to Answer.
Answer is due 21 Days After the Court Decides HHS’s Forthcoming Motion for Voluntary Remand. (PBS, law6) (Entered: 08/27/2021) |
US motion, memo, declaration for voluntary remand, September 16, 2021
Plaintiffs’ opposition to voluntary remand, September 29, 2021
| 10/05/2021 | 75 | ELECTRONIC NOTICE Setting Hearing on 66 MOTION to Remand to Agency :MOTION HEARING SET FOR 10/18/2021 09:30 AM in REMOTE PROCEEDING : Boston before Judge Patti B. Saris.
This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session’s courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court’s general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Geraldino-Karasek, Clarilde) (Entered: 10/05/2021) |
US reply, October 13/15, 2021
| 10/18/2021 | 80 | AMENDED Electronic Clerk’s Notes for proceedings held before Judge Patti B. Saris: MOTION TO STAY – TAKEN UNDER ADVISEMENT Motion Hearing held on 10/18/2021 by VIDEO on Defendants 66 MOTION to Remand to Agency filed by United States Department of Health and Human Services.
ORDERED: Supplemental Briefs due by 11/1/2021. Motion to Remand – Denied as stated on the record. Motion to Stay – IS UNDER ADVISEMENT STATUS CONFERENCE set for 5/12/2022 at 2:30 by VIDEO/REMOTE hearing.(Atty Sagar, Ausa Holland) (Court Reporter: Lee Marzilli at leemarz@aol.com.) Modified on 10/18/2021 (Molloy, Maryellen) (Entered: 10/18/2021) |
Order, October 29, 2021
BAGLY no remand but stay order
US notice, November 1, 2021
Plaintiffs’ letter, November 1, 2021
[]
BAGLY status report, May 20, 2022
Letter re course Judge Saris is teaching, June 1, 2022
BAGLY letter re Saris course 6 1
| 06/02/2022 | 93 | Electronic Clerk’s Notes for proceedings held before Judge Patti B. Saris: Status Conference/16.b Conference held on 6/2/2022 by VIDEO.Stay is lifted, case shall proceed.
ORDERED: Parties shall file a Joint Discovery Schedule that shall include the dates for filing responsive pleadings, proposed schedule shall be filed on or before JUNE 10, 2022. (Ausa Holland, Atty Kettlewell, Atty Sager) (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 06/02/2022) |
Parties’ scheduling proposal, June 10, 2022
BAGLY parties proposed scheduling order 6 10
US motion for extension of time to respond, July 15, 2022
BAGLY US motion for xt to respond 7 15
Order for extension, July 15, 2022
US notice re proposed rule, July 25, 2022
BAGLY US notice prop rule 7 25
US motion to dismiss, remand, or stay, and memo, July 28, 2022
BAGLY US mo dism, remand, stay 7 28
BAGLY US ms dism, remand, stay 7 28
Withdrawal of US motions, August 24, 2022
Motion to stay, withdrawal, 2d motion, August 24, 2022
BAGLY wdwl 1st joint stay mo 8 24
Stay order, August 25, 2022
US status report, September 30, 2022
BAGLY US status report 9 30 22
US status report, November 30, 2022
BAGLY US status report 11 30 22
[]
Status report, March 31, 2023
=========
1557 SUIT, FILED JUNE 26 (Eastern New York)
Asapansa-Johnson Walker v. Azar, No. 1:20-cv-2834 (E.D. N.Y., filed June 26, 2020)
Complaint, with three exhibits
From the ECF site, 7/3:
| Asapansa-Johnson Walker et al v. Azar II et al. This case is under seal. |
[But no it isn’t]
Plaintiffs’ letter requesting expediting briefing schedule, July 8, 2020
AJW request for expedited briefing schedule
| 07/08/2020 | ELECTRONIC ORDER: Plaintiff’s letter application 7 to serve and file a motion seeking a preliminary injunction with an expedited briefing schedule is GRANTED. The parties briefs may exceed the courts page limit requirement. The motion should be filed upon submission and the Court will schedule oral argument date, if it deems necessary. Ordered by Judge Frederic Block on 7/8/2020. (Innelli, Michael) (Entered: 07/08/2020) |
Preliminary injunction motion, July 14, 2020
Scheduling order, July 16, 2020
House letter re intent to file amicus, July 21, 2020
House notice of intent to file amicus
House amicus, July 22, 2020
US opposition to preliminary injunction, July 31, 2020
Reply supporting preliminary injunction, August 7, 2020
| 08/12/2020 | Minute Entry for proceedings held before Judge Frederic Block: Michael Sabella, Esq. and Joshua Rovenger, Esq, Esq. for the plaintiff and Jordan Von Boken, Esq for the defendants, all present. Oral argument held on 8/12/2020. The plaintiffs motion 8 for a TRO and preliminary injunction was discussed. The Court reserves decision. (Court Reporter Linda Danelczyk 718 613 2330) (Innelli, Michael) (Entered: 08/12/2020) |
Preliminary injunction order, August 17, 2020
US request for extension of time to answer, August 28, 2020
| 08/28/2020 | ELECTRONIC ORDER: The defendant’s letter application 25 for an extension of time to serve and file an answer is DENIED without prejudice to re-file their application addressed to MJ Gold who will be handling all pre-trial matters in this litigation. Ordered by Judge Frederic Block on 8/28/2020. (Innelli, Michael) (Entered: 08/28/2020 |
US request for extension of time to answer (directed to Magistrate Gold), August 28, 2020
Plaintiffs’ letter requesting clarification of scope of preliminary injunction, August 28, 2020
| 09/08/2020 | ELECTRONIC ORDER: On August 17, 2020, the Court stayed the 2020 repeal of the 2016 definition of discrimination on the basis of sex. As a result, the definitions of on the basis of sex, gender identity, and sex stereotyping currently set forth in 45 C.F.R. § 92.4 will remain in effect. Walker v. Azar, 2020 WL 4749859, at *10 (E.D.N.Y. Aug. 17, 2020). The plaintiffs now ask the Court to clarify 27 whether it intended to stay the 2020 Rule in its entirety. The scope of the Courts ruling speaks for itself. However, the rationale for the ruling was that the 2020 Rule was promulgated without taking into account the Supreme Courts decision in Bostock v. Clayton County, 140 S. Ct. 1731 (2020), which created a likelihood that the plaintiff would prevail on their claims that the rule was contrary to law and arbitrary and capricious. The Court focused on the impact of the decision on the repeal of the 2016 definition because that was the parties focus; the need for such focus is understandable given the tight timeframe involved and the particularly byzantine nature of the 2020 Rule.It appears that Bostocks interpretation of sex discrimination may have an impact on other aspects of the 2020 Rule. Therefore, the plaintiffs shall, within 7 days of this order, submit a list of the provisions of the 2020 Rule they think should be stayed in light of Bostock. The list should consist of citations to the Code of Federal Regulations (either provisions of the 2020 Rule or provisions of the 2016 Rule to be repealed), not citations to summaries of the proposed regulatory changes in the rules preamble. The defendant shall file a response to the plaintiffs list within 7 days after filing. Ordered by Judge Frederic Block on 9/8/2020. (Innelli, Michael) (Entered: 09/08/2020) |
Plaintiffs’ response to Court’s 9/8 order, September 15, 2020
US letter opposition to plaintiffs’ request for full injunction, September 22, 2020
US letter op to full injunction
US notice of appeal, October 16, 2020
Second Circuit # 20-3520
US letter motion for stay pending appeal, October 26, 2020
US letter mo stay pending appeal
| 10/29/2020 | SCHEDULING ORDER: By November 2, 2020 the plaintiff shall serve and file a response to defendant’s letter application 33 requesting a stay and an extension of time to serve and file an answer to the complaint. Ordered by Judge Frederic Block on 10/29/2020. (Innelli, Michael) (Entered: 10/29/2020) |
Clarification order, October 29, 2020
Plaintiffs’ opposition to stay, October 30, 2020
| 11/02/2020 | ELECTRONIC ORDER: Defendants motion 33 for a stay pending appeal is granted. Although the Court is satisfied that its disposition of the plaintiffs preliminary injunction motion was correct, the appeal will no doubt raise issues of standing and the correctness of the 2020 rulemaking. The Second Circuits disposition of those issues will have a significant impact on the litigation going forward. The possibility of further irreparable harm to the plaintiffs pending appeal is mitigated by the extant preliminary injunction; if they think the scope of that injunction is inadequate, they may cross-appeal. Finally, the Courts subsequent clarification of the preliminary injunction does not moot the appeal or render it premature. See Velazquez v. Legal Servs. Corp., 356 F. Supp. 2d. 267, 271-72 (E.D.N.Y. 2005) (Despite the parties’ pending appeals, the Court retains jurisdiction to clarify its injunction. (citing Meinhold v. U.S. Dep’t of Def., 34 F.3d 1469, 1480 n. 14 (9th Cir.1994)). Ordered by Judge Frederic Block on 11/2/2020. (Innelli, Michael) (Entered: 11/02/2020) | |
| 11/02/2020 | ELECTRONIC ORDER STAYING CASE pending an appeal. See electronic order dated 11-2-20. Ordered by Judge Frederic Block on 11/2/2020. (Innelli, Michael) (Entered: 11/02/2020) |
US notice of appeal from clarification order, November 10, 2020
Second Circuit # 20-3827
US opening brief in 3580 and 3827, January 19, 2021
Joint request to hold appeal in abeyance, March 15, 2021
Abeyance order, March 18, 2021
Joint status report, May 14, 2021
2C joint status report 5 14 21
Continued abeyance order, May 18, 2021
| 07/07/2021 | STATUS REPORT ORDER: By July 16, 2021 counsel shall notify the court by letter as to the status of their appeal and whether the stay is this case can now be lifted and discovery can begin. Ordered by Judge Frederic Block on 7/7/2021. (Innelli, Michael) (Entered: 07/07/2021) |
US status letter, July 16, 2021
Plaintiffs’ response to US status letter, July 22, 2021
Continued abeyance order, August 26, 2021
Withdrawal of appeal, November 22, 2021
| 11/23/2021 | ELECTRONIC ORDER LIFTING STAY: The Second Circuit has issue a Mandate based upon the parties stipulation withdrawing their appeal, therefore the stay is lifted. The case is referred to MJ Scanlon for all pre-trial matters. Counsel can serve and file a letter requesting a pre-motion conference according to J. Block’s motion rules if they wish to pursue a dispositive motion. Ordered by Judge Frederic Block on 11/23/2021. (Innelli, Michael) (Entered: 11/23/2021) | |
| 11/24/2021 | SCHEDULING ORDER: A Telephone Conference is set for 12/14/2021 at 11:30 AM before Magistrate Judge Vera M. Scanlon to discuss pre-trial matters. The parties are to call 877-336-1829 and dial the access code 3581283 for the AT&T conference bridge. Ordered by Magistrate Judge Vera M. Scanlon on 11/24/2021. (Scully, Nicole) (Entered: 11/24/2021) |
Joint status letter, November 30, 2021
| 12/06/2021 | ELECTRONIC ORDER STAYING CASE: The parties joint letter application 43 requesting a stay of this case to allow defendant’s time to issue a Notice of Proposed Rulemaking is GRANTED. By May 20, 2022 the parties shall file a status report letter as to the progress of the defendant’s Notice of Proposed Rulemaking. Ordered by Judge Frederic Block on 12/6/2021. (Innelli, Michael) (Entered: 12/06/2021) |
Letter re status of rulemaking, May 20, 2022
| 05/20/2022 | SCHEDULING ORDER: Based upon the defendant’s status report letter 45 the case shall remain stayed during the process for a Notice of Proposed Rulemaking. By October 21, 2022 the parties shall file a further status report letter as to the progress of the defendant’s Notice of Proposed Rulemaking.Ordered by Judge Frederic Block on 5/20/2022. (Innelli, Michael) (Entered: 05/20/2022) |
Joint status letter, October 20, 2022
| 10/21/2022 | ELECTRONIC ORDER: Based upon the defendant’s status report letter 46 the case shall remain stayed during the ongoing administrative rulemaking proceedings. The stay is without prejudice to either party’s right to seek leave to lift the stay for good cause. By March 17, 2023 the parties shall file a further status report letter as to the progress of the ongoing administrative rulemaking proceedings. Ordered by Judge Frederic Block on 10/21/2022. (MI) (Entered: 10/21/2022) |
Stipulation for withdrawal of appeal, November 22, 2022
2C AJW stip wdw appeal 11 22 22
US letter re rulemaking, March 17, 2023
AJW rulemaking status letter 3 17 23
| 03/19/2023 | ELECTRONIC ORDER: Based upon the defendant DOJ’s status report letter 47 the case shall remain stayed during the ongoing administrative rulemaking proceedings implementing Section 1557 of the Affordable Care Act. The stay is without prejudice to either party’s right to seek leave to lift the stay for good cause. By September 22, 2023 the parties shall file a further status report letter as to the progress of the ongoing administrative rulemaking proceedings. Ordered by Judge Frederic Block on 3/19/2023. (MI) (Entered: 03/19/2023) |
=========
1557 SUIT, FILED JULY 20 (Southern New York)
State of New York v. U.S. D.H.H.S., No. 1:20-cv-5583 (S.D. N.Y., filed July 20, 2020)
Complaint
Plaintiffs’ letter re developments in D.C. case, August 12, 2020
Plaintiffs’ motion for summary judgment, memo, statement of undisputed material facts, September 10, 2020
[109 declarations]
NHeLP amicus, with comments cited, September 17, 2020
Comments cited 1-73
Comments cited 74-91
Comments cited 92-202
Comments cited 203-379
Comments cited 380-550
Comments cited 551-796
Comments cited 797-994
Exemptions Language Comparison Chart
Local Governments amicus, September 17, 2020
Scholars of the LGBT Population amicus, September 17, 2020
Institute for Policy Integrity amicus, September 17, 2020
US motion to stay summary judgment briefing, memo in support, proposed order, September 18, 2020
Plaintiffs’ notice of intent to oppose US motions, September 21, 2020
Order dismissing summary judgment motion w/o prejudice, setting schedule, September 22, 2020
Response re extension of time, October 15, 2020
Order extending time to produce record, October 15, 2020
Notice of and index to record, November 6, 2020
Scheduling order, November 19, 2020
Plaintiffs’ renewed motion and memo for summary judgment, December 2, 2020
Statement of undisputed facts
List of declarations
[Declarations]
US motion to dismiss and memo, December 2, 2020
National Health Law Program renewed amicus request, December 8, 2020
[Several other amicus briefs, 12/9]
American Cancer Society amicus, December 9, 2020
Scholars of the LGBT Population notice of earlier amicus, December 9, 2020
Institute for Policy Integrity refiled amicus, December 9, 2020
Local Governments amicus, December 9, 2020
American College of OB GYN amicus, December 9, 2020
Plaintiffs’ opposition to US motion to dismiss, and exhibits, January 8, 2021
US opposition to summary judgment, January 8, 2021
US response to plaintiffs’ 56.1 statement, January 8, 2021
US reply in support of motion to dismiss, January 20, 2021
[Declarations]
Plaintiffs’ reply in support of summary judgment, January 20, 2021
Unopposed US motion for stay, February 10, 2021
Scheduling order, February 11, 2021
Stay order, February 18, 2021
Joint status report, May 14, 2021, with US enforcement notice, May 10, 2021
Joint stay motion, August 23, 2021
Stay order, February 3, 2022
==========
1557 SUIT, FILED JULY 16 (Western Washington)
State of Washington v. U.S. D.H.H.S., No. 2:20-cv-1105 (W.D. Wash., filed July 16, 2020)
Complaint
Motion for preliminary injunction, July 16, 2020
Exhibits
Declaration index
Booher
Iseminger
Knox
Krehbiel
Kreidler
Maroon
McGill
Moss
Mounts
Oline
Reed
Roberts
Shulman
Todorovich
Unruh
Wylie
Zeitlin
Notice re filing notice of pendency of other action, July 21, 2020
Notice re filing notice of pendency of other action
Notice re pendency of other actions, July 21, 2020
Northwest Health Law Advocates amicus, July 29, 2020
US House amicus, August 3, 2020
Local Governments amicus, August 7, 2020
US opposition to preliminary injunction, August 10, 2020
NHeLP amicus, August 10, 2020
Washington reply supporting preliminary injunction, August 13, 2020
Order for supplemental briefing, August 14, 2020
WAvT supplemental briefing order
Plaintiffs’ supplemental brief, August 17, 2020
US’s supplemental brief, August 17, 2020
US notice of decision in Eastern New York case, August 18, 2020
Order for supplemental briefing on Eastern New York case, August 18, 2020
Plaintiffs’ supplemental brief on Eastern New York decision, August 26, 2020
US supplemental brief on Eastern New York decision, August 26, 2020
Order denying preliminary injunction — lack of standing, August 28, 2020
order denying PI lack of standing
Notice of voluntary dismissal without prejudice, September 8, 2020
Notice of voluntary dismissal w o p
| 09/09/2020 | ***Civil Case Terminated re 73 Notice of Voluntary Dismissal without prejudice. (LH) (Entered: 09/09/2020) |
Private right of action discussion
1557 regs private right of action discussion
Cases mentioned in the private right of action discussion (cases with some pleadings set out below highlighted)
Alexander v. Sandoval, 532 U.S. 275, 282-83 (2001)
Barnes v. Gorman, 536 U.S. 181, 187 (2002)
Briscoe v. Health Care Serv. Corp., 281 F. Supp. 3d 725, 738 (N.D. Ill. 2017)
Condry v. UnitedHealth Group, No. 17-cf-00183-VC (N.D. Calif. 2018) (“disparate impact claims on the basis of sex are not cognizable under section 1557”)
Crocker v. Runyon, 207 F.3d 314, 321 (6th Cir. 2000)
Doe v. Bluecross Blueshield, No. 2:17-cv-02793-TLP-cgc, 2018 WL 3625012 (W.D. Tenn. 2018)
Hollenbeck v. U.S. Olympic Comm. 513 F.3d 1191, 1197 (10th Cir. 2008)
Southeastern Pennsylvania Transp. Authority v. Gilead, 102 F. Supp. 3d 688, 698-701 (E.D. Pa. 2015) (holding that Section 1557, incorporating Title VI, does not permit a private right of action for a disparate impact claim on the basis of race)
Valencia v. City of Springfield, Ill., 883 F.3d 959, 967 (7th Cir. 2018)
Weinreb v. Xerox Business Services, 323 F.Supp. 3d 501, 521 (S.D.N.Y. 2018)
York v. Wellmark, Inc., No. 4:16-cv-00627-RGE-CFB, at *15-16 (S.D. Iowa Sep. 6, 2017)
2015 proposed regulations, 80 Fed.Reg. 54172 (Sept. 8, 2015)
2016 final regulations, including preamble, 81 Fed.Reg. (May 18, 2016)
ACTIONS, CONTRACT OR OTHERWISE, USING ACA OR RELATED STATUTES
Audia v. Briar Place, Ltd., No. 1:17-cv-6618 (N.D. Ill.)
Boyden v. Conlin, No. 3:17-cv-264 (W.D. Wis.)
Briscoe v. Health Care Service Corp., No. 1:16-cv-10294 (N.D. Ill.)
Condry v. United Health Group, Inc., No. 1:17-cv-183 (N.D. Cal.)
C.P.
Dekker v. Marstiller, No. 4:22-cv-325 (N.D. Fla.)
Doe v. BlueCross BlueShield of Tennessee, No. 18-5897 (6th Cir.)
Does v. CVS Pharmacy, No. 19-15074 (9th Cir.)
Edmo v. Idaho Dep’t of Correction, No. 1:17-cv-151 (D. Idaho), Ninth Circuit 19-35017
Esparza v. University Medical Center Management Corp., No. 2:17-cv- 4803 (E.D. La.)
E.S. v. Regence BlueShield, No. 2:17-cv-1609 (W.D. Wash.), Ninth Circuit 18-35892
Fain v. Crouch, No. 3:20-cv-740 (S.D. W. Va.)
Flack/Makenzie v. Wisconsin, No. 3:18-cv-309 (W.D. Wis.), Seventh Circuit 18-2861
Hartford Healthcare Corp. v. Anthem, No. 3:17-cv-1686 (D. Conn.)
Harvey v. Centene Corp., No. 2:18-cv-12 (E.D. Wash.)
D.H. v. Snyder, No. 4:20-cv-335 (D. Ariz.)
Kadel v. N.C. State Health Plan, No. 20-1409 (4th Cir.)
Mills v. BlueCross BlueShield of TN, No. 3:15-cv-552 (E.D. Tenn.)
Morris v. California Physicians’ Service, No. 17-55878 (9th Cir.)
Prescott v. Rady Children’s Hospital, No. 3:16-cv-2408 (S.D. Cal.)
Rumble v. Fairview Health Services, No. 0:14-cv-2037 (D. Minn.)
Schmitt v. Kaiser Foundation Health Plan of Washington, No. 2:17-cv-1611 (W.D. Wash.), Ninth Circuit 18-35846
Tovar v. Essentia Health, No. 0:16-cv-100 (D. Minn.)
Audia v. Briar Place, Ltd., No. 1:17-cv-6618 (N.D. Ill.)
Complaint, September 13, 2017
Amended complaint, November 13, 2017
Motion to dismiss, December 28, 2017
Opposition to motion to dismiss, January 30, 2018
Reply supporting motion to dismiss, February 23, 2018
18669125-0–5867
Order denying motion to dismiss, April 24, 2018
Answer to amended complaint, May 8, 2018
Motion for second amended complaint/proposed amended complaint, October 31, 2018
Notice re not filing second amendment complaint, settlement conference, November 1, 2018
Minute entry re February settlement conference, December 4, 2018
Stipulation for dismissal pursuant to settlement, May 9, 2019
Boyden v. Conlin, No. 3:17-cv-254 (W.D. Wis.)
Opinion and Order on summary judgment, September 18, 2018
Plaintiffs’ argument against allowing defendants to argue that a private health plan would have turned their procedures down, October 5, 2018
Defendants’ argument for arguing that a private health plan would have turned plaintiffs’ procedure down, October 5, 2018
Order re causation, October 8, 2018
Judgment after jury trial, October 11, 2018
Notice of appeal, November 9, 2018
Seventh Circuit # 18-3408
Cross-appeal, November 21, 2018
Defendant-appellants’ statement of issues, November 23, 2018
Seventh Circuit cross appeal # 18-3485
Mayer affidavit (redacted), December 6, 2018
Appellate scheduling order, March 19, 2019
Stipulation for dismissal, March 25, 2019
Briscoe v. Health Care Service Corp., No. 1:16-cv-10294 (N.D. Ill.)
Order on motion to dismiss, December 4, 2017
Memo supporting class certification, August 23, 2019
[Declarations, other supporting paperwork]
Blue Cross oppositions, September 27, 2019
[Other supporting paperwork]
Defendants’ supplement to class cert opposition (Condry), December 30, 2019
Plaintiffs’ response to Condry materials, January 3, 2020
Defendants’ reply regarding Condry, January 7, 2020
Order denying class certification without prejudice, January 21, 2020
Plaintiffs’ memo supporting class certification, February 14, 2020
[Many exhibits]
Plaintiffs’ motion for reconsideration of ruling re experts, February 14, 2020
[Exhibits]
Insurer’s opposition to renewed class certification motion (redacted), March 10, 2020
Plaintiffs’ reply supporting renewed class cert motion (redacted), March 17, 2020
Defendant’s sur-reply, March 26, 2020
Plaintiffs’ reply supporting reconsideration, March 31, 2020
Plaintiffs’ response to sur-reply, March 31, 2020
Order denying reconsideration, June 9, 2020
Defendants’ additional authority (Amy A.), June 11, 2020
Plaintiffs’ response to additional authority (Amy A.), June 15, 2020
Defendants’ additional authority (York 8C), July 13, 2020
Plaintiffs’ response to additional authority (York Wellpath), July 15, 2020
Order denying renewed motion for class certification, September 24, 2020
Status report, October 7, 2020
Scheduling order, October 14, 2020
Minute entry re settlement, November 13, 2020
Condry v. United Health Group, Inc., No. 1:17-cv-183 (N.D. Cal.)
Complaint, January 13, 2017
Amended Complaint, March 10, 2017
Motion to Dismiss, April 14, 2017
Opposition to Motion to Dismiss, May 8, 2017
Reply supporting motion to dismiss, May 22, 2017
Order, August 15, 2017
Second amended complaint, September 5, 2017
Defendants’ 1292(b) certification motion, September 14, 2017
Answer to second amended complaint, September 19, 2017
Plaintiffs’ 1292(b) opposition, September 28, 2017
Defendants’ 1292(b) reply, October 5, 2017
Order denying 1292(b) certification, November 7, 2017
Defendants’ summary judgment memo, November 20, 2017
Plaintiffs’ summary judgment opposition/cross motion, December 18, 2017
Defendants’ reply/response, January 5, 2018
Defendants’ motion to strike, January 5, 2018
Plaintiffs’ reply supporting cross-motion, January 19, 2018
Pre-argument order, April 25, 2018
Oral argument held, case taken under advisement, April 26, 2018
Summary judgment order, June 27, 2018
Motion for class certification, February 20, 2019
Opposition to motion for class certification, March 21, 2019
[Declarations]
Souza declaration
Savercool declaration
Thompson declaration
Dietz declaration
Klos declaration
Miller declaration
Seay declaration
Vasquez declaration
Cappiello declaration
Dos Santos declaration
Klos declaration
Lee declaration
Seay declaration
Daubert motion to exclude testimony from Morton, March 21, 2019
Daubert motion to exclude testimony from Labovitz, March 21, 2019
Daubert motion to exclude testimony from McGlone, March 21, 2019
Daubert motion to exclude testimony from Hanley, March 21, 2019
Daubert response McGlone, April 4, 2019
Daubert response McGlone merged_53684_-1-1554471369
Daubert response Morton, April 4, 2019
Daubert response Morton merged_63220_-1-1554471464
Daubert response Labovitz, April 4, 2019
Daubert response Labovitz merged_81379_-1-1554471515
Daubert response Hanley, April 4, 2019
Daubert response Hanley merged_57304_-1-1554471561
[Plaintiffs’ motion for expedited consideration of motions, April 5, 2019
[Plaintiffs’ motion to limit consideration of D’Apuzzo, April 5, 2019
[Plaintiffs’ motion to limit consideration of Dos Santos, April 5, 2019
[Plaintiffs’ motion to limit consideration of Lee, April 5, 2019
[Plaintiffs’ motion to limit consideration of Miller, April 5, 2019
Reply supporting class certification, April 5, 2019
[Donaldson-Smith declaration
Joint letter brief re discovery disputes, April 5, 2019
[Declarations]
Donaldson-Smith declaration
Daubert reply re Labovitz, April 11, 2019
Daubert reply re Hanley, April 11, 2019
Daubert reply re Morton, April 11, 2019
Daubert reply re McGlone, April 11, 2019
Defendants’ opposition re Miller, with Souza declaration, April 17, 2019
[Defendants’ opposition re D’Apuzzo,
[Defendants’ opposition re Lee,
[Defendants’ opposition re Dos Santos,
[Plaintiffs’ reply re Miller, April 19, 2019
[Plaintiffs’ reply re Lee, April 19, 2019
[Plaintiffs’ reply re Dos Santos, April 19, 2019
Order denying class certification, May 23, 2019
Harris motion to intervene, September 9, 2019
Declaration with proposed third amended complaint, September 9, 2019
Motion for class certification, with many declarations, September 9, 2019
Defendants’ opposition to motion, September 23, 2019
Reply supporting motion to intervene, with declaration and attachment, September 30, 2019
Reply supporting class certification, October 18, 2019
Opposition to class certification, October 24, 2019
[Declarations opposing class certification, October 24, 2019]
Reply supporting class certification, November 7, 2019
Court’s pre class certification hearing order, November 20, 2019
Order denying intervention, December 19, 2019
Order granting/denying class certification, December 23, 2019
Request for permission to appeal under Civil Rule 23(f), January 6, 2020
23 f petition 20-80005_Documents
Ninth Circuit # 20-80005/80006
Answer to petition, January 16, 2020
| 01/22/2020 | 269 | Minute Entry for proceedings held before Judge Vince Chhabria: Further Case Management Conference held on 1/22/2020.
The parties’ request to stay this matter pending the ruling from the 9th Circuit on leave to appeal this Court’s ruling, and if leave is granted, continuing the stay thereafter while the appeal is pending, is granted. The Court indicated there is no need to worry about the letter to the Class at this time. The parties are to consider what makes the most sense in terms of a trial schedule for plaintiffs Carroll and Endicott and propose a trial schedule in the next joint CMS. (The Court tentatively proposed trial number one (which would be the jury trial) to start on 6/22/2020, and trial number two (which would be a bench trial) to start on 6/29/2020.) Updated Joint Case Management Statement due by 2/5/2020. Total Time in Court: 22 minutes. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 1/22/2020) (Entered: 01/22/2020) |
Ninth Circuit denial order, March 2, 2020
Status report, August 27, 2020
Stipulation and proposed order re some individual claims, September 4, 2020
Order for case management conference 9/15, with questions about proposed order, September 11, 2020
Stipulated final judgment, September 15, 2020
United Health Group notice of appeal, September 18, 2020
Ninth Circuit # 20-16823
Condry notice of appeal, September 23, 2020
Ninth Circuit # 20-16857
United Health cross-appeal opening brief, December 28, 2020
Condry cross-appeal brief, February 26, 2021
United Health third brief, March 29, 2021
Condry cross-appeal reply brief, April 19, 2021
Order for supplemental briefing, July 2, 2021
Plaintiffs’ supplemental brief, July 14, 2021
Defendants’ supplemental brief, July 14, 2021
| 07/26/2021 | 46 | ARGUED AND SUBMITTED TO M. MARGARET MCKEOWN, JACQUELINE H. NGUYEN and ROYCE C. LAMBERTH. [12183050] [20-16823, 20-16857] (WWP) [Entered: 07/26/2021 01:37 PM] |
Memorandum disposition, September 16, 2021
9C 20-16857 memorandum order 9 16
==
C.P. v. Blue Cross Blue Shield of Illinois, No. 3:20-cv-6145 (W.D. Wash)
Complaint, King County Superior Court, later removed
[]
Order denying motion to dismiss, May 4, 2021
[]
==
Dekker v. Marstiller, No. 4:22-cv-325 (N.D. Fla.)
Complaint, September 7, 2022
Notice of similar action, September 7, 2022
Dekker notice of similar action 9 7 22
Motion to proceed under pseudonym, September 12, 2022
Motion for preliminary injunction, September 12, 2022
Order re pseudonyms, September 13, 2022
Dekker order re pseudonyms 9 13
Scheduling order, September 19, 2022
American Academy of Pediatrics motion for leave to file amicus, September 27, 2022
Florida opposition to amicus, September 27, 2022
Abdul-Latif motion for leave to file amicus, September 30, 2022
Florida opposition to motion for leave, September 30, 2022
Order denying leave to file amicus briefs, October 3, 2022
Dekker order denying amicus 10 3
Redacted Florida opposition to preliminary injunction (bulky appendices omitted), October 3, 2022
Order noting Rush v. Parham, October 6, 2022
Dekker order noting Rush v. Parham 10 6
Plaintiffs’ reply, October 7, 2022
Plaintiffs’ motion to ID witnesses or exclude testimony, October 7, 2022
Dekker pltf mo re ID def witnesses 10 7
Defendants’ opposition, October 10, 2022
Plaintiffs’ notice of scrivener’s error, October 10, 2022
Hearing minutes, injunction denied, October 12, 2022
Order re testimony, October , 2022
Dekker order re testimony 10 22 22
Order denying preliminary injunction, October , 2022
Dekker order denying pi 10 24 22
Answer, October 26, 2022
26(f) report, November 7, 2022
Scheduling order, November 15, 2022
Dekker scheduling order 11 15 22
Florida request to extend discovery deadline, December 14, 2022
Order for response, December 15, 2022
Plaintiffs’ opposition, December 16, 2022
Extension denial order, December 16, 2022
[]
Defendants’ renewed Rule 35 motion, January 30, 2023
Discovery order, January 31, 2023
Dekker discovery order 1 31 23
Grossman order, February 10, 2023
Second motion to compel, March 2, 2023
| 03/03/2023 | 111 | NOTICE OF TELEPHONIC HEARING on 109 Second Motion to Compel: Telephonic Motion Hearing set for 3/6/2023 03:00 PM before JUDGE ROBERT L HINKLE. The defendant may but is not required to file a response. Any response is due by Monday, March 6, 2023, at 10:00 a.m.Call in number: 888-684-8852 Access code: 3243416# Security code: 1234# Proceedings may not be recorded or otherwise broadcast for public dissemination. s/ Cindy Markley |
Withdrawal of motion to compel, with attached e-mail agreement, March 5, 2023
State motion for protective order, March 15, 2023
Opposition to protective order motion, March 29, 2023
Order for Waida deposition, April 4, 2023
Dekker order for Waida deposition 4 4 23
State’s summary judgment motion and exhibits, April 7, 2023
States’ amicus, April 7, 2023
[Extensive in limine pleadings]
Abdul-Latif motion and amicus, April 24, 2023
Dekker Abdul-Latif amicus mo 4 24 23
Dekker Abdul-Latif amicus 4 24 23
[]
Dekker opposition to summary judgment motion, April 28, 2023
Click to access dekker-pltf-sj-op-4-28-23.pdf
Dekker pretrial order, including summary judgment denial, May 4, 2023
Click to access dekker-pretrial-order-5-4-23.pdf
[Trial, 5-9 on]
Motion for leave and first amended complaint, May 18, 2023
Click to access dekker-mo-leave-and-1st-am-c-5-18-23.pdf
==
D.H. v. Snyder, No. 4:20-cv-335 (D. Ariz.)
Complaint, August 6, 2020
Memo supporting motion for preliminary injunction, August 6, 2020
John Doe declarations
D.H. declarations
Answer, September 28, 2020
Opposition to motion for preliminary injunction, September 28, 2020
Reply supporting motion for preliminary injunction, October 26, 2020
Order denying preliminary injunction, March 30, 2021
Doe v. Snyder, 21-15668 (9th Cir.)
Opening brief, May 14, 2022
Responsive brief, June 30, 2021
Reply brief, August 4, 2021
9C Doe v Snyder reply br 8 4 21
| 11/19/2021 | 47 | ARGUED AND SUBMITTED TO RICHARD R. CLIFTON, CONSUELO M. CALLAHAN and DANIEL A. BRESS. [12292935] (KAD) [Entered: 11/19/2021 10:06 AM] |
Opinion, March 10, 2022
9C Doe v. Snyder opinion 3 10 22
===
Doe v. BlueCross BlueShield of Tennessee, No. 2:17-cv-02793-TLP-cgc, 2018 WL 3625012 (W.D. Tenn. 2018)
Memorandum Opinion and Order, July 30, 2018
Doe v. BlueCross BlueShield of Tennessee, No. 18-5897 (6th Cir.)
Appellant’s opening brief, November 21, 2018
6C Doe appellant opening brief
Appellee’s brief, January 22, 2019
Reply brief, February 15, 2019
Opinion, June 4, 2019
Does v. CVS Pharmacy, No. 19-15074 (9th Cir.)
DREDF amicus, July 1, 2019
Does v. CVS Pharmacy, No. 19-15074 (9th Cir., Dec. 9, 2020)
Petition for panel rehearing and rehearing en banc, Dec. 23, 2020
Order denying petitions, Jan. 15, 2021
Cert petition, No. 20-1374, March 26, 2021
20210326141125738_2021.03.26 FINAL CVS v. Doe Petition for Certiorari-1
Washington Legal Foundation amicus, April 30, 2021
20210430122411468_WLF-IWLC Amicus -CVS v. Doe
AHIP amicus, April 30, 2021
20210430123205840_20-1374AmericasHealthInsurancePlans
Chamber of Commerce of U.S. amicus, April 30, 2021
20210430133407823_2021-04-30 No. 20-1374 Chamber amicus brief
Pharmaceutical Care Management Ass’n amicus, April 30, 2021
20210430135935742_20-1374.PCMA.amicus
Plaintiffs’ cert opposition, June 1, 2021
20210601161936234_2021-06-01 Brief in Opposition
Petitioners’ cert reply, June 8, 2021
20210608103539892_CVS Reply Brief ISO Petition for Certiorari
Order, July 2, 2021
CERTIORARI GRANTED
20-1374 CVS PHARMACY, INC., ET AL. V. DOE, JOHN, ET AL.
The petition for a writ of certiorari is granted limited to Question 1 presented by the petition.
QUESTIONS PRESENTED
Section 1557 of the Patient Protection and Affordable Care Act (“ACA”) creates a private right of action for discrimination on the basis of race, sex, age, and disability in federally funded health programs and activities. 42 U.S.C. § 18116(a). This private right of action incorporates the “enforcement mechanisms” of other federal antidiscrimination statutes, including the Rehabilitation Act of 1973, 29 U.S.C. § 794, which prohibits disability discrimination. The questions presented are:
1. Whether section 504 of the Rehabilitation Act, and by extension the ACA, provides a disparate-impact cause of action for plaintiffs alleging disability discrimination.
2. If section 504 and the ACA create disparate-impact claims, whether such claims extend to the facially
neutral terms and conditions of health insurance plans.
Petitioners’ brief, September 3, 2021
20210903134109226_CVS v. Doe – Brief for Petitioners
Amicus filings supporting petitioners
Washington Legal Foundation and Cato, September 8, 2021
20210908134632310_WLF and Cato Amicus – CVS v. Doe
America’s Health Insurance Plans, September 10, 2021
20210910105510899_20-1374AmericasHealthInsurancePlans
Independent Women’s Law Center, September 10, 2021
20210910142635745_20-1374 tsac Brief of Amicus Independent Womens Forum
National Conference of State Legislatures, September 10, 2021
20210910153002754_2021.09.10 – Amicus Brief _
District of Columbia and others, September 10, 2021
20210910132812580_20-1374 CVS v. Doe – DC et al Amicus
Chamber of Commerce of the U.S., September 10, 2021
20210910145643187_2021-09-10 Merits Stage Amicus Brief — CVS v. Doe
Pharmaceutical Care Management Ass’n, September 10, 2021
20210910135938118_20-1374.tsac.brief
Louisiana and others, September 10, 2021
20210910151833690_CVS Pharmacy v. Doe amicus 9.10.21
Plaintiffs’ brief, October 22, 2021
20211022151858239_2021-10-22 Brief for Respondents
US amicus, October 28, 2021
20211028103733341_20-1374bsacUnitedStates
US motion for divided argument, October 28, 2021
20211028103958616_20-1374 CVS divided argument motion
COPAA amicus, October 29, 2021
20211029111309937_20-1374 CVS v John Doe Brief for Amicus Curiae COPAA
Constitutional Accountability Center amicus, October 29, 2021
20211029105938106_CVS v Doe CAC Brief
NAACP Legal Defense Fund amicus, October 29, 2021
20211029144717247_2021 10 29 CVS v. Doe Amicus FINAL
The ARC amicus, October 29, 2021
20211029142114634_20-1374 CVS Pharmacy Inc v John Doe One Amicus Brief
Emory Environmental amicus, October 29, 2021
20211029154945146_20-1374 bsac Emory
Center for Health Law & Policy Innovation amicus, October 29, 2021
20211029162701308_CVS v Doe – CHLPI Amicus
National Health Law Program amicus, October 29, 2021
20211029164305903_NHeLP Doe v. CVS amicus final draft
| Nov 08 2021 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. |
Stipulation for dismissal of certiorari, November 11, 2021
20211111144651917_CVS Does Joint Stipulation to Dismiss E Signatures
==
Earlier pleadings:
Does v. CVS Pharmacy, No. 3:18-cv-1031 (N.D. Cal., Dec. 12, 2018)
Opening brief, June 6, 2019
DREDF amicus, July 1, 2019
Amtrak answering brief, August 7, 2019
CVS Pharmacy answering brief, August 7, 2019
CVS Pharmacy answering brief 8 7 19
Lowe’s answering brief, August 7, 2019
Time Warner answering brief, August 7, 2019
Time Warner answering brief 8 7 19
Does reply brief, September 24, 2019
Ninth Circuit stay order pending Schmitt and E.S., June 12, 2020
Plaintiffs’ supplemental authority (US 1557 regs on 504), June 14, 2020
9C pltf supp auth US 1557 regs
CVS response to plaintiffs’ supplemental authority, June 16, 2020
9C CVS resp pltf supp auth 1557
CVS notice re Schmitt and E.S., July 17, 2020
CVS notice re Schmitt and E.S.
Plaintiffs’ response re Schmitt and E.S., July 20, 2020
Does response re Schmitt and E.S. 7 20 20
CVS notice re denial of Schmitt en banc petition, September 25, 2020
CVS notice re Schmitt and E.S. en banc denial
Ninth Circuit order for supplemental briefing on Schmitt and E.S., October 20, 2020
Amtrak letter brief re Schmitt and E.S., November 2, 2020
Amtrak letter brief re Schmitt and E.S., 11 2 20
CVS letter brief re Schmitt and E.S., November 3, 2020
CVS letter brief re Schmitt and E.S., 11 3 20
Does letter brief re Schmitt and E.S., November 3, 2020
Does letter brief re Schmitt and E.S., 11 3 20
Later pleadings:
Joint status report, November 24, 2021
Does v CVS joint status report 11 24 21
======
Sixth Circuit decision in DaVita v. Marietta Mem. Hosp., No. 19-4039 (6th Cir.)
Cert petition, No. 20-1641
20210521161649074_Joint Petition for Writ of Certiorari-1
Cert opposition
20210920141204293_2021-09-20 DaVita BIO FINAL-1
Cert reply
20211004151308802_Joint Reply Brief for Petitioners-1
Order taking cert, November 5, 2021
[]
=====
Edmo v. Idaho Dep’t of Correction, No. 1:17-cv-151 (D. Idaho)
Second amended complaint, September 1, 2017
Defendants’ motion for partial summary judgment/dismissal, November 1, 2017
Plaintiff’s opposition, November 22, 2017
Plaintiff’s notice of constitutional question, November 22, 2017
Defendants’ reply supporting dismissal, December 6, 2017
US request for extension re intervening, January 24, 2018
US statement declining to intervene, March 23, 2018
Order, June 7, 2018
Rule 35 order, July 26, 2018
Emergency motion for second Rule 35 order, August 8, 2018
| 8/09/2018 | 93 | ORDER granting 89 Motion for Rule 35 Examination. The Court rejects plaintiff’s attempt to limit the examination. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm) |
Idaho preliminary injunction opposition, September 14, 2018
Corizon preliminary injunction opposition, September 14, 2018
State reply supporting urgent motion, April 5, 2019
9C defendants reply supporting urgent motion
| 11/06/2019 | 239 | DOCKET ENTRY ORDER: In consideration of Defendants’ Expedited Motion to Stay 228 , and to provide the Court adequate time to carefully and fully consider the motion, the Court hereby vacates the November 8, 2019 deadline [see 225] for Defendants to provide Plaintiff the first hair removal treatment, to be reset by subsequent order. Signed by Judge B. Lynn Winmill. |
| 03/05/2020 | 273 | DOCKET ENTRY ORDER: In consideration of the Motion to Stay 272 , and to further the just, speedy, and inexpensive determination of this matter, the Court hereby expedites the response deadline. Plaintiff must file any response to the Motion to Stay on or before March 11, 2020. Signed by Judge B. Lynn Winmill. (ah) |
| May 13 2020 | Response to application (19A1038) requested by Justice Kagan, due Monday, May 18, by 4 p.m. ET |
| 06/30/2020 | 288 | DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference is set for 7/1/2020 at 9:00 AM (Mountain Time) before Judge B. Lynn Winmill. The call in information is as follows: dial in number 1-877-336-1828 and access code 4685496. (jlb) |
| Jun 02 2020 | Motion to extend the time to file a response is granted and the time is extended to and including August 10, 2020. |
| Oct 05 2020 | DISTRIBUTED for Conference of 10/9/2020. |
| 03/09/2021 | 309 | Docket Text Minute Entry for proceedings held before Judge Richard C. Tallman: Video Settlement Conference held on 3/9/2021. The parties appeared in good faith, but settlement was not reached today. If the parties need further assistance regarding settlement on or before March 31, 2021, they shall contact the mediator for further assistance. Time in Court 5 hours and 45 minutes. Hearing Not Recorded. (st) . |
| 03/19/2021 | 310 | Docket Text Minute Entry for proceedings held before Judge Richard C. Tallman: Video Settlement Conference held on 3/19/2021. After a second day of mediation, the Mediator entered on the record and under seal a stipulated partial settlement of the case. Time in Court: 6 hours and 10 minutes. (ESR: Sunny Trumbull.) SEALED Audio File saved via zoom. (st) |
Esparza v. University Medical Center Management Corp., No. 2:17-cv- 4803 (E.D. La.)
Order denying motion to dismiss, Sept. 5, 2017
Amended Order and Reasons, Oct. 24, 2017
Accepted Offer of Judgment, Oct. 25, 2017
E.S. v. Regence BlueShield, No. 2:17-cv-1609 (W.D. Wash.)
Complaint, October 30, 2017
Motion to dismiss, January 19, 2018
Opposition to motion to dismiss, February 23, 2018
Reply supporting motion to dismiss, March 2, 2018
Order, September 25, 2018
ES v Regence BlueShield 1557 hearing aids dismissal
Notice of appeal, October 23, 2018
Ninth Circuit file #18-35892
Opening brief, January 23, 2019
NHeLP amicus, January 29, 2019
DREDF amicus, January 30, 2019
Appellees’ brief, March 25, 2019
Appellants’ reply brief, May 15, 2019
Ninth Circuit orders accepting amicus briefs, September 27, 2019
9C order accepting amicus brief
9C order accepting DREDF amicus brief
Order for supplemental briefing, October 15, 2019
9C order for supp briefing Doe
E.S. supplemental brief, October 28, 2019
Regence Blueshield supplemental brief, October 28, 2019
E.S. Regence Blueshield supp br
Memorandum opinion remanding in light of Schmitt, July 14, 2020
Order staying mandate pending Schmitt, August 4, 2020
Order lifting stay of mandate, August 27, 2020
9C order lifting stay of mandate
Order for amended complaint by 10/13/20, September 11, 2020
E.S. order for filing amended complaint
E.S. amended complaint, with 2 exhibits, October 13, 2020
| 10/28/2020 | NOTICE TO THE PARTIES: The Court acknowledges it has received and reviewed the parties’ 35 Joint Status Report, but finds good cause to defer entry of a case schedule pending the Court’s ruling on Defendants’ anticipated forthcoming Motion to Dismiss. (VE) (Entered: 10/28/2020) |
Defendants’ motion to dismiss, December 11, 2020
Plaintiffs’ response to second motion to dismiss, January 15, 2021
Defendants’ reply, January 29, 2021
Plaintiffs’ additional authority (Washington legislation), May 17, 2021
ES notice supp auth bill 5 17 21
Order dismissing amended complaint, with leave to refile, January 31, 2022
Second amended complaint, February 22, 2022
Motion to dismiss, April 22, 2022
Plaintiffs’ opposition to motion to dismiss, with declarations, June 3, 2022
Reply supporting motion to dismiss, June 17, 2022
E.S. notice of additional authority (Schmitt), August 9, 2022
E.S. notice of addl authority Schmitt 8 9
Opinion dismissing without prejudice, March 16, 2023
Third amended complaint, April 6, 2023
E.S. third amended complaint 4 6 23
===
Fain v. Crouch, No. 3:20-cv-740 (S.D. W.V.)
[]
Memorandum opinion and order, August 2, 2022
Fourth Circuit # 22-1927
[]
West Virginia agency opening brief, October 31, 2022
West Virginia amicus, November 7, 2022
Appellee brief, November 30, 2022
[]
NHeLP + Center for Medicare Advocacy amicus, December 7, 2022
4C Fain NHeLP Center for Medicare Advocacy amicus 12 7 22
Reply brief, December 20, 2022
| 03/07/2023 | 66 | ORAL ARGUMENT heard before the Honorable Julius N. Richardson, Allison J. Rushing and Diana Gribbon Motz. Attorneys arguing case: Caleb David for Appellants West Virginia Department of Health and Human Resources, William Crouch and Cynthia Beane, Tara Lynn Borelli for Appellees Christopher Fain, Shauntae Anderson and none Shawn Anderson and Anna Purna Prakash for Appellees Christopher Fain, Shauntae Anderson and none Shawn Anderson. Courtroom Deputy: Kirsten Hancock. [1001327485] [22-1927] KH [Entered: 03/07/2023 11:27 AM] |
Order for rehearing en banc, April 12, 2023
===
Flack/Makenzie v. Wisconsin, No. 3:18-cv-309 (W.D. Wis.)
Complaint, April 30, 2018
PI memo, May 23, 2018
Proposed findings of fact, May 23, 2018
Answer, May 29, 2018
Defendants’ motion to change briefing schedule, May 31, 2018
Plaintiffs’ opposition, June 1, 2018
Order, June 5, 2018:
-
- TEXT ONLY ORDER
The court held a telephonic conference this morning on defendants’ motion to amend the briefing schedule for plaintiffs’ preliminary injunction request (dkt. # 35 ), at which counsel for both sides appeared. For reasons explained during the hearing, including plaintiffs’ narrowing their requests for preliminary relief to the named plaintiffs based on their ACA § 1557 and equal protection claims, as well as the parties’ commitment to accommodating limited, reasonable discovery as to plaintiffs’ claims of immediate harm, that motion was GRANTED IN PART AND DENIED IN PART. Accordingly, the schedule is amended as follows: Defendants’ opposition is due July 12, 2018, and the preliminary injunction hearing will be on July 19 at 1:30 p.m. Signed by District Judge William M. Conley on 6/5/2018. (kwf) (Entered: 06/05/2018)
Plaintiffs’ request to file reply brief supporting preliminary injunction, June 14, 2018
Amended answer, June 19, 2018
Stipulation re findings of fact, July 6, 2018
Opposition to PI, July 12, 2018
Response to proposed findings of fact, July 12, 2018
Plaintiffs’ reply, with copy of Good v. Iowa DHS decision, July 16, 2018
Decision, July 25, 2018
Joint motion to amend deadlines, August 10, 2018
Supplemental opposition re scope of injunction, August 22, 2018
Notice of appeal, etc., August 24, 2018
Seventh Circuit # 18-2861
Plaintiffs’ response to supplemental opposition, August 29, 2018
Amended complaint with class action allegations, September 25, 2018
Flack Makenzie amended complaint
Answer to amended complaint, October 16, 2018
Class certification motion, memo, supporting documents, October 18, 2018
Motion 4772130-0–20758
Memo 4772133-0–1370
Supplemental Flack declaration 4772139-0–20950
Second supplemental Makenzie declaration 4772144-0–21033
Kelly declaration 4772149-0–21192
Welp declaration and CV merged_58949_-1-1540422824
Sherwin declaration 4772167-0–21462
Hughto supplemental expert declaration (w/o exhibits) 4772172-0–21534-1
Vancil declaration 4772175-0–21831
Grunenwald-Ries declaration 4772178-0–21911
Vordermann declaration (with denial letters) merged_83112_-1-1540423247
Klar attorney declaration 4772187-0–22252
Wardenski attorney declaration 4772190-0–22316
Peterson attorney declaration 4772193-0–22391
Pledl attorney declaration 4772196-0–22435
Coursolle attorney declaration 4772199-0–22613
McKee attorney declaration 4772205-0–22721
Motion to modify preliminary injunction, October 25, 2018
Motion 4775875-0–14104
Memorandum 4775878-0–12131
Oriel declaration merged_44531_-1-1540560843
Proposed revised factual findings 4775884-0–15371
Defendants’ nonopposition to class certification, November 8, 2018
Defendants’ supplemental declaration (Williams), November 19, 2018
Reply supporting injunction modification, December 10, 2018
Budge supplemental declaration, December 10, 2018
Schechter supplemental declaration, December 10, 2018
Sutphin deposition transcript, filed December 11, 2018
Supplemental Sherwin declaration, January 25, 2019
Rescheduling motion, March 20, 2019
7C Flack Makenzie joint rescheduling mo
Seventh Circuit stipulated dismissal, March 21, 2019
7C Flack Makenzie notice of stipulated dismissal
Plaintiffs’ status report and request for status conference, April 5, 2019
Opinion and order on class cert, preliminary injunction, April 23, 2019
Plaintiffs’ summary judgment memo, April 23-24, 2019
[Lots of supporting material]
Defendants’ motion for stay, with declaration, May 9, 2019
Defendants’ motion for extension of time to respond to summary judgment, May 9, 2019
Plaintiffs’ partial opposition to extension of time, May 9, 2019
Plaintiffs’ opposition to stay, May 13, 2019
Order denying stay, May 17, 2019
State defendants’ opposition, May 21, 2019
State defendants’ responses to facts, May 21, 2019
[Declarations]
Motion for leave to file second amended complaint, May 23, 2019
Proposed second amended complaint, with redline version, May 23, 2019
Motion to strike Ostrander declaration, June 4, 2019
Reply supporting summary judgment, June 4, 2019
[Defendants’ response to motion to strike, with supporting documents, June 24, 2019
Amended complaint, June 27, 2019
Reply supporting motion to strike, July 3, 2019
Answer to amended complaint, July 11, 2019
Summary judgment order, August 16, 2019
Proposed revised briefing schedule re equitable relief, August 28, 2019
State memos re scope of equitable relief, September 6, 2019
Plaintiffs’ notice, proposed order, and supporting brief re relief, September 10, 2019
[declarations]
Plaintiffs’ opposition to State’s proposed equitable relief, September 20, 2019
State’s opposition to plaintiffs’ proposed relief, September 24, 2019, with declaration and exhibits
Plaintiffs’ amended proposed order (notice, proposed order, revisions to original), September 26, 2019
Court’s proposed order, October 10, 2019
Plaintiffs’ response to proposed order, October 17, 2019
| 10/18/2019 | 244 | ** TEXT ONLY ORDER ** At an October 18, 2019 telephonic conference, the parties jointly requested that the court not enter final judgment until the parties have filed their submissions on damages, costs and related items. The court granted that request. After discussing with the parties their differing views on how quickly this should be accomplished, the court set October 31, 2019 as the submission deadline. The parties had no other matters to bring to the court’s attention. Signed by Magistrate Judge Stephen L. Crocker on 10/18/2019. (kwf) (Entered: 10/18/2019) |
Defendants’ response to proposed order, October 21, 2019
Plaintiffs’ response to defendants’ response, October 21, 2019
Partial dismissal due to partial settlement, October 30, 2019
Final order, October 31, 2019
Final judgment, November 8, 2019
===
Hammons v. University of Maryland Medical System Corp., No. 1:20-cv-2088 (D. Md.)
Complaint, July 16, 2020
[]
Memorandum opinion and order on motion to dismiss, July 28, 2021
[]
Memorandum opinion denying motion to reconsider and motion to certify for interlocutory appeal, and order, October 25, 2021
[]
Order on defendants’ motion to amend answer, April 6, 2022
[]
Opinion, order, January 6, 2023
Damages stipulation, February 1, 2023
Order on sealing documents, February 24, 2023
Hammons order on sealing documents 2 24 23
Order of judgment, March 13, 2023
Hammons order of judgment 3 13 23
Hammons plaintiff’s notice of appeal, April 10, 2023
Fourth Circuit # 23-1394
Notice of conditional cross-appeal, April 21, 2023
Hammons notice conditional cross appeal 4 21 23
Consolidation order (w/23-1452), April 26, 2023
4C Hammons consol order 4 26 23
[motion to dismiss, opposition, reply]
===
Hartford Healthcare Corp. v. Anthem, No. 3:17-cv-1686 (D. Conn.)
Hartford Healthcare: Motion to dismiss amended complaint, October 23, 2017
Cases other than Mills cited in Hartford motion to dismiss
Association of NJ Chiropractors v. Horizon Healthcare Services, No. 3:16-cv-8400 (D. N.J.)
Opinion, June 13, 2017
In re Bradford, 534 B.R. 839 (2015)
Dominion Pathology Laboratories v. Anthem Health Plans of Virginia, No. 2:15-cv-152 (E.D. Va.)
Remand order, June 19, 2015
NY State Psychiatric Ass’n v. UnitedHealth Group, No. 1:13-cv-1599 (S.D. N.Y.)
Memorandum Order granting motion to dismiss, October 31, 2013
Second Circuit partial reversal and remand, No. 14-20 (August 20, 2015)
Dismissals, February 2, 2016
Hartford: Opposition to motion to dismiss amended complaint, October 31, 2017
Hartford: Decision, Nov. 1, 2017
Harvey v. Centene Corp., No. 2:18-cv-12 (E.D. Wash.)
Complaint, filed January 11, 2018
Joint status report and discovery plan, March 8, 2018
Centene-related consent order from Washington State, Dec. 15, 2017
Motion to dismiss (Centene), March 12, 2018
Motion to dismiss (Coordinated Care), March 12, 2018
[Dinkleman declaration]
Motion to dismiss (Superior), March 12, 2018
Op to motions to dismiss, April 30, 2018
Mo to dismiss replies, May 29, 2018
Harvey Co Ord Care mo dism reply
Order allowing filing of amended complaint, July 17, 2018
Harvey amended complaint, July 18, 2018
Motion to dismiss amended complaint, August 1, 2018
Stipulation for second amended complaint, August 29, 2018
Second amended complaint, August 29, 2018
Motion to dismiss second amended complaint, September 12, 2018
Harvey op to motion to dismiss, October 11, 2018
Reply supporting motion to dismiss, October 31, 2018
Order on motion to dismiss, November 21, 2018
Harvey order on motion to dismiss second amended complaint
Harvey third amended complaint, November 28, 2018
Harvey third amended complaint
Answer to third amended complaint, December 12, 2018
Harvey answer third amended complaint
Joint status report and plan, January 17, 2019
harvey joint status report and plan
Motion to certify class, January 20, 2020
Harvey motion to certify class 1 20 20
Declaration supporting motion to certify, January 24, 2020
[Redacted] opposition to class certification, February 19, 2020
Declarations opposing motion to certify, February 19, 2020
Reply supporting class certification, March 13, 2020
| 03/20/2020 | 112 | ORDER RESETTING MOTION TO CERTIFY CLASS – 100 MOTION to Certify Class (Redacted Version), 91 Sealed Motion : Motion Hearing set for 4/14/2020 is STRICKEN and RESET to 5/12/2020 at 10:30 AM Spokane Courtroom 755. Signed by Judge Salvador Mendoza, Jr. (CLP, Case Administrator) (Entered: 03/20/2020) |
Plaintiffs’ statement of issues to be tried, March 23, 2020
Defendants’ statement of issues to be tried, March 23, 2020
Defendants statement of issues
Order denying class certification, May 12, 2020
Plaintiffs’ notice of interlocutory appeal, May 26, 2020
Ninth Circuit # 20-35468
Order questioning jurisdiction, show cause w/in 21 days, May 28, 2020
9C order questioning jurisdiction
Parties’ proposed schedule, June 1, 2020
Harvey parties proposed schedule
Voluntary dismissal of appeal, June 16, 2020
Stipulation for dismissal of case, September 14, 2020
Order dismissing case, September 15, 2020
D.H. (Hennessy-Waller) v. Snyder, No. 4:20-cv-335 (D. Ariz.)
Complaint, August 6, 2020
[PI papers]
Motion to transfer case to Judge Marquez, August 11, 2020
Kadel v. N.C. State Health Plan, No. 1:19-cv-272 (M.D. N.C.), No. 20-1409 (4th Cir.)
Complaint, March 11, 2019
[]
Opinion, September 1, 2021
[]
Kadel supplemental briefing order, October 24, 2022
Plaintiffs’ supplemental 1557 brief, November 7, 2022
Defendants’ supplemental 1557 brief, November 7, 2022
Plaintiffs’ 1557 response, November 14, 2022
Defendants’ 1557 response, November 14, 2022
Kadel 1557 opinion, December 5, 2022
[]
22-1721 Briefs CIVIL: Interlocutory challenge to partial summary judgment and injunction requiring defendants to reinstate
Maxwell Kadel v. Dale Folwell provision in state health plan providing medically necessary treatment for gender dysphoria.
(Biggs)
PANEL II
Chief Judge Gregory, Judge Agee, Judge Diaz
Butzner Courtroom 201
After the en banc session
| 01/25/2023 | 87 | ORAL ARGUMENT heard before the Honorable Roger L. Gregory, G. Steven Agee and Albert Diaz. Attorneys arguing case: John Guyton Knepper for Appellants Dale Folwell and Executive Administrator of the North Carolina State Health Plan for Teachers and State Employees and Tara Lynn Borelli for Appellees C.B., Maxwell Kadel, Jason Fleck, Connor Thonen-Fleck, Julia McKeown, Michael D. Bunting, Jr., Sam Silvaine and Dana Caraway. Courtroom Deputy: Emily Borneisen. [1001304533] [22-1721] EB [Entered: 01/25/2023 12:26 PM] |
Rehearing en banc order, April 12, 2023
====
Mills v. BlueCross BlueShield of TN, No. 3:15-cv-552 (E.D. Tenn.)
Memorandum Opinion and Order, January 9, 2017
Recon (BCBS),
Recon (plaintiff)
Stipulation for dismissal/settlement, April 12, 2017
Prescott v. Rady Children’s Hospital, No. 3:16-cv-2408 (S.D. Cal.)
Order on motion to dismiss, September 27, 2017
Prescott 2017.09.28. Dkt 22. Order Granting in Part and Denying in Part Defs MTD and Denying MTS (1)
Amended complaint, October 12, 2017
Motion to dismiss state claims, October 26, 2017
Opposition to motion to dismiss state claims, November 22, 2017
Reply supporting motion to dismiss state claims, December 1, 2017
Order dismissing some of the state claims, May 11, 2018
Answer to first amended complaint, May 25, 2018
Order denying rescheduling, April 22, 2019
Notice of settlement in principle, June 28, 2019
Order confirming settlement and setting deadlines, June 28, 2019
Request to extend deadline to finalize settlement, July 26, 2019
Order partially extending deadline, July 26, 2019
Stipulation, August 30, 2019
Dismissal order, September 4, 2019
Rumble v. Fairview Health Services, No. 0:14-cv-2037 (D. Minn.)
Opinion denying motion to dismiss, March 16, 2015
Stipulation for dismissal, June 28, 2017
Dismissal order, June 28, 2017
Pritchard v. Blue Cross Blue Shield of Illinois, No. 3:20-cv-6145 (W.D. Wash.)
[]
Order denying motion to dismiss, May 4, 2021
Pritchard order denying dism 5 4 21
[]
Class certification order, November 9, 2022
Pritchard 1557 class cert order 11 9 22
Defendant’s 23(f) petition, November 23, 2022, No. 22-80136
9C BCBS IL 23 f petition 22-80136_Documents 11 23 22
Pritchard 23(f) opposition,
Pritchard defendant 23(f) reply, December 12, 2022
9C Pritchard BCBS IL 23 f reply 12 12 22
Opinion, December 19, 2022
Pritchard 1557 opinion 12 19 22
23(f) denial, January 27, 2023
Motion for declaratory and injunctive relief, with supporting affidavits, February 9, 2023
Pritchard motion for relief 2 9 23
Motion to decertify class, February 9, 2023
Pritchard BC decertify class ms 2 9 23
Defendants’ opposition to motion for declaratory and injunctive relief, February 27, 2023
Pritchard def op to perm inj mo 2 27 23
Plaintiffs’ opposition to decertifying class, February 27, 2023
Pritchard 1557 plf op decertify 2 27 23
| 02/28/2023 | 162 | NOTICE of Hearing on Motions re 153 MOTION for Relief and 156 MOTION to Decertify Class: Motion Hearing set for 3/9/2023 at 10:00 AM in Courtroom A before Judge Robert J. Bryan. (TC) (Entered: 02/28/2023) |
Plaintiffs’ reply supporting relief, March 3, 2023
Pritchard pltf relief reply 3 3 23
Defendants’ reply supporting decertifying class, March 3, 2023
Pritchard def decert reply 3 3 23
| 03/09/2023 | 165 | MINUTE ENTRY for proceedings held before Judge Robert J. Bryan- Dep Clerk: Tyler Campbell; Pla Counsel: Eleanor Hamburger, Omar Gonzalez-Pagan; Def Counsel: Gwendolyn Payton, John Neeleman; CR: Angela Nicolavo; Time of Hearing: 10:00; Courtroom: A;Motion Hearing held on 3/9/2023 re 153 MOTION for Relief and 156 MOTION to Decertify Class. Argument by counsel. Order to be issued. (TC) (Entered: 03/09/2023) |
Order to show cause (Wit petition for rehearing en banc), March 14, 2023
Pritchard 1557 order to show cause (Wit) 3 14 23
Defendants’ response to order to show cause, March 31, 2023
Pritchard 1557 def osc resp 3 31 23
Plaintiffs’ response to order to show cause, with affidavit, March 31, 2023
Pritchard 1557 pltf osc resp 3 31 23
Pritchard 1557 pltf tscript 3 31 23
Stay order, April 17, 2023
Pritchard 1557 stay order 4 17 23
===
Schmitt v. Kaiser Foundation Health Plan of Washington, No. 2:17-cv-1611 (W.D. Wash.)
Kaiser motion to dismiss, January 5, 2018
Plaintiff’s opposition, February 2, 2018
Kaiser reply, February 9, 2018
Order allowing second amended complaint, February 27, 2018
Second amended complaint, February 28, 2018
Plaintiffs’ additional authority (Flack and Boyden), July 31, 2018
Defendants’ additional authority (Doe v. BC BS TN), July 31, 2018
Defendants’ additional authority (Wood), August 28, 2018
Defendants’ additional authority (Puerner), August 30, 2018
Plaintiffs’ additional authority (4 cases), August 30, 2018
Order dismissing case, September 14, 2018
Appeal filed, October 11, 2018 (No. 18-35846)
Schmitt opening brief, January 22, 2019
Schmitt DREDF amicus, January 29, 2019
Schmitt NHeLP amicus, January 29, 2019
Kaiser op to amicus filings, February 8, 2019
Kaiser opposition brief, March 21, 2019
Schmitt reply brief, May 13, 2019
Supplemental briefing order, October 15, 2019
Schmitt supplemental brief, October 28, 2019
Kaiser supplemental brief, October 28, 2019
Schmitt opinion, July 14, 2020
Kaiser petition for rehearing en banc, July 28, 2020
Ninth Circuit order for response (21 days), July 31, 2020
Association of California Health Insurance Plans amicus, August 7, 2020
Plaintiffs’ opposition to petition for rehearing en banc, August 20, 2020
Order denying rehearing en banc, August 27, 2020
Order for joint scheduling report, September 9, 2020
Order for joint scheduling report
Scheduling order, September 24, 2020
Third amended complaint, October 20, 2020
Schmitt third amended complaint
Fourth amended complaint motion for leave, etc., November 19, 2020
Reply supporting fourth amended complaint, December 2, 2020
Order allowing 4th amended complaint, December 15, 2020
Schmitt order for 4th amd cplt
Schmitt 4th amended complaint, as filed December 15, 2020
Schmitt fourth amended complaint
Schmitt motion to dismiss, March 18, 2021
Schmitt opposition to motion to dismiss, April 12, 2021
Schmitt reply supporting motion to dismiss, April 16, 2021
Schmitt reply supporting mo dism
Plaintiffs’ additional authority (Washington legislation), May 17, 2021
Schmitt pltf addl auth 5 17 21
Plaintiffs’ additional authority (Fuog), May 25, 2022
Schmitt order denying motion to dismiss, August 4, 2022
Schmitt order denying dism 8 4 22
Kaiser answer, September 1, 2022
Sealed class certification motion, January 12, 2023
[]
Kaiser class certification opposition, with declarations, February 21, 2023
Schmitt Kaiser class cert op 2 21 23
Schmitt Kaiser Russell dec 2 21 23
Schmitt Kaiser Hamp dec 2 21 23
Schmitt Kaiser Marisseau dec 2 21 23
Class certification reply, March 3, 2023
ES 1557 class cert reply 3 3 23
Kaiser additional authority (E.S.), March 17, 2023
Schmitt Kaiser addl auth E.S. 3 17 23
Schmitt motion for leave to amend complaint, with declaration, March 30, 2023
Schmitt amd c Hamburger dec 3 30 23
Kaiser opposition to leave to amend, with declaration, April 10, 2023
Schmitt Kaiser op amend complaint 4 10 23
Schmitt Kaiser counsel dec 4 10 23
Plaintiffs’ reply, with supplemental declaration, April 14, 2023
Schmitt 5th amd c reply 4 14 23
Schmitt 5th amd c reply declarations 4 14 23
Kaiser notice of intent to file sur-reply, April 17, 2023
Schmitt def notice sur reply 4 17 23
Order denying leave to file fifth amended complaint, April 21, 2023
Schmitt order denying 5th am c 4 21 23
Kaiser supplemental authority (bills), May 5, 2023
Click to access schmitt-kaiser-supp-auth-bills-5-5-23.pdf
==
SEPTA v. Gilead Sciences, No. 2:14-cv-6978 (E.D. Pa.)
Memorandum, May 4, 2015
Tovar v. Essentia Health, No. 0:16-cv-100 (D. Minn.)
Memorandum Opinion and Order, Sept. 20, 2018
HealthPartners Answer, Oct. 4, 2018
Essentia and Innovis Answer, October 11, 2018
HealthPartners statement, Nov. 1, 2018
Tovar Healthpartners statement
Innovis statement, Nov. 1, 2018
Olson statement, Nov. 1, 2018
Letter re settlement, June 5, 2019
Stipulation for dismissal and proposed order, July 24, 2019
Tovar proposed dismissal order
Tovar dismissal order, July 25, 2019
Valencia v. City of Springfield, No. 17-2773 (7th Cir., March 1, 2018)
Weinreb v. Xerox Business Services, No. 1:16-cv-6823 (S.D. N.Y., Aug. 29, 2018)
Motion to alter or amend judgment, Sept. 29, 2018
Opposition, Oct. 25, 2018
Reply, Nov. 15, 2018
York v. Wellmark, Inc., No. 4:16-cv-627 (S.D. Iowa, Sept. 6, 2017)
Order, Feb. 28, 2019
Eighth Circuit # 19-1705
Appellants’ brief, June 11 and 17, 2019
Appellees’ brief, July 16, 2019
Appellants’ reply brief, August 7, 2019
Eighth Circuit decision, July 13, 2020
LITIGATION VERSUS THE FEDERAL GOVERNMENT’S 1557 REGULATIONS
Franciscan Alliance v. Burwell
North Dakota
Franciscan Alliance v. Burwell, No. 7:16-cv-108 (N.D. Tex.),
Complaint, August 23, 2016
Motion to intervene, September 16, 2016
US opposition to motion to intervene, October 7, 2016
Order re extension of time re mo to intervene, October 7, 2016
extension of time order re mo to intervene
First amended complaint, October 17, 2016
First Amended Complaint 177110227088
State plaintiffs’ motion for partial summary judgment or preliminary injunction, October 21, 2016
State Plaintiffs MSJ PI 177110241326
Private plaintiffs’ motion for partial summary judgment or preliminary injunction, October 21, 2016
Private Plaintiffs MSJ PI 177110241373
Scheduling order, November 1, 2016
US PI opposition, November 23, 2016
Putative intervenors’ PI opposition, November 23, 2016
Intervenors PI op 177110322191
State plaintiffs’ PI reply, December 2, 2016
State plaintiffs PI reply 177110338867
Private plaintiffs’ PI reply, December 2, 2016
Private Plaintiffs PI RB 177110339534
Order (December 31, 2016)
Note: PI in Title IX case, No. 7:16-cv-54 (N.D. Tex., August 21, 2016), appeal, No. 16-11534 (5th Cir., dismissed by appellant U.S., March 2 and 3, 2017)
Order denying 24(a) intervention and stay (January 24, 2017)
FA order denying ACLU 24 a motion
US motion for voluntary remand and stay (May 2, 2017)
US motion for voluntary remand and stay
Plaintiffs’ opposition to voluntary remand (May 4, 2017)
Franciscan Alliance voluntary remand op
US voluntary remand reply (May 18, 2017)
Franciscan Alliance voluntary remand reply
Scheduling order (June 13, 2017)
scheduling order for 6 26 17 hearing
Fifth Circuit action on putative intervenors’ appeal (June 30, 2017)
Order re voluntary remand and stay (July 10, 2017)
Order re voluntary remand and stay
US status report (August 4, 2017)
Franciscan Alliance status report 8 4
Status report order (August 16, 2017)
Status report (December 15, 2017)
Status report (February 13, 2018)
Status report (April 16, 2018)
Franciscan Alliance 4 18 status report
Status report (June 25, 2018)
Franciscan Alliance 6 25 status report
Status report (August 14, 2018)
Franciscan Alliance 8 14 status report
Fifth Circuit appeal, 17-10135
Status report (October 15, 2018)
Plaintiffs’ motion for status conference (December 11, 2018)
Franciscan Alliance status conference request
Proposed intervenors’ request to participate (December 13, 2018)
proposed intervenors’ request to participate
Status conference set for 12/19
US status report (December 14, 2018), with Harris response mentioned in the report
Franciscan Alliance 12 14 18 status report
20181024152750333_18-107 RG GR Harris Funeral Homes
Parties’ joint motion for briefing schedule (December 17, 2018)
Joint motion for briefing schedule
Briefing schedule order (December 17, 2018)
ACLU renewed motion to intervene with proposed order; brief; appendix
ACLU renewed motion to intervene
ACLU brief supporting renewed motion to intervene
ACLU appendix re renewed motion to intervene
States’ motion for summary judgment, summary judgment memo, and appendix (February 4, 2019)
FA motion for summary judgment
Franciscan Alliance motion for summary judgment, summary judgment memo, and appendix (February 4, 2019)
Plaintiffs’ opposition to renewed motion to intervene, including opposition to appendix (February 25, 2019)
FA plaintiffs op to renewed interv mo
FA plaintiffs’ op to affidavits
US nonopposition to motion to intervene (February 25, 2019)
Intervenors’ reply, and opposition to striking declaration (March 11, 2019)
FA interv declaration strike op
Wisconsin motion to dismiss itself out of case, March 21, 2019
FA Wisconsin motion to dismiss itself
Unopposed version of Wisconsin motion, March 28, 2019
TKL Wisconsin mo to dism itself
Order dismissing Wisconsin, April 2, 2019
US motion for extension of time to respond to summary judgment motion, April 4, 2019
FA opposition, April 4, 2019
Scheduling order, April 4, 2019
US summary judgment response, April 5, 2019
US summary judgment response 4 5 19
Intervenors’ summary judgment response, and 56(d) declaration, April 5, 2019
State plaintiffs’ SJ reply, May 3, 2019
state plaintiffs’ sj reply 5 3 19
Private plaintiffs’ SJ reply, May 3, 2019
private plaintiffs’ sj reply 5 3 19
US notice re rulemaking, May 31, 2019
FA US notice of proposed rulemaking
NPRM non fed reg version 5 24 19
Plaintiffs’ response re rulemaking, June 6, 2019
FA pltf response to rulemaking
Order directing US to reply to plaintiffs’ response, June 7, 2019
US reply, June 12, 2019
Order for briefing on putative intervenors’ standing, August 7, 2019
FA order for briefing on interv standing
Plaintiffs’ supplemental brief, August 12, 2019
US supplemental brief, August 12, 2019
Proposed intervenors’ supplemental brief, August 14, 2019
proposed intervenors supplemental brief 8 14 19
Order for 9/16 hearing, September 10, 2019
Franciscan Alliance order for 9 16 hearing
Memorandum opinion and order, and final judgment, October 15, 2019
FA memorandum op and order 10 15 19
Order staying other issues, October 15, 2019
US motion to modify final judgment, November 12, 2019
US motion to modify final judgment
Order for response by 11/20, November 13, 2019
States’ response to US motion to modify, November 20, 2019
State response to US motion to alter amend
Private plaintiffs’ response to US motion, November 20, 2019
FA response to US mo to alter amend
Order modifying judgment, November 21, 2019
Order modifying final judgment
Franciscan Alliance notice of appeal, January 21, 2020
Fifth Circuit # 20-10093
Private plaintiffs’ motion to reset attorney’s fees deadline, January 17, 2020
Private pltf mo to set deadline for fees ap
US opposition to resetting deadline for fees, February 7, 2020
Franciscan Alliance motion to extend opening brief deadline to 6/5, April 24, 2020
Appellants’ request for stay, May 28, 2020
Stay order, June 2, 2020
Bostock opinion, June 15, 2020
Request to continue stay, July 2, 2020
Stay order to August 5, July 6, 2020
Resumed briefing notice, August 11, 2020
Franciscan Alliance appellant’s opening brief, September 21, 2020
Appellees’ extension request, October 8, 2020
ACLU River City Alliance brief, November 20, 2020
US brief, November 20, 2020
Franciscan Alliance reply brief, December 11, 2020
Franciscan Alliance supplemental authority (North Dakota), January 27, 2021
Franciscan Alliance supplemental authority (Biden executive order), January 27, 2021
US response, February 2, 2021
ACLU response — Biden executive order, February 4, 2021
ACLU response — North Dakota, February 4, 2021
ACLU supplemental brief, February 4, 2021
Fifth Circuit order allowing supplemental ACLU brief, February 5, 2021
5C order allowing ACLU supp br
Franciscan Alliance motion to allow response to ACLU, with proposed response, February 8, 2021
5C FA proposed response to ACLU supp
Order allowing Franciscan Alliance response, February 9, 2021
Franciscan Alliance notice of additional authority (Karlan memo), April 7, 2021
5C addl auth Karlan memo 4 7 21
US response, April 9, 2021
5C US response to addl auth 4 9 21
Intervenors’ response, April 12, 2021
5C intervenors response addl auth 4 12 21
Order for remand, April 15, 2021
Order for joint status report by April 22, April 15, 2021
FA order for joint status 4 15 21
Joint status report, April 22, 2021
Scheduling order, April 23, 2021
Franciscan Alliance supplemental brief on remand, with proposed order, May 14, 2021
ACLU supplemental brief on remand, June 4, 2021
US supplemental brief on remand, June 4, 2021
Franciscan Alliance supplemental reply brief on remand, June 18, 2021
Opinion, August 9, 2021
Order for correction, corrected opinion, August 16, 2021
US 60(b) motion, September 13, 2021
Plaintiffs’ response to US 60(b) motion, September 24, 2021
US reply supporting 60(b) motion, September 28, 2021
Order, October 1, 2021
US notice of appeal, November 21, 2021
FA US notice interloc appeal 11 21 21
Fifth Circuit # 21-11174
ACLU notice of appeal, November 30, 2021
FA ACLU notice of appeal 11 30
ACLU appellants’ brief, April 28, 2022
US appellants’ brief, April 28, 2022
Appellee’s brief, June 10, 2022
Ethics and Public Policy Center amicus, June 17, 2022
5C Ethics and Public Policy Center amicus 6 17
ACLU reply brief, July 1, 2022
US reply brief, July 1, 2022
Franciscan Alliance supplemental authority (West Virginia), July 21, 2022
ACLU response re West Virginia, July 22, 2022
US supplemental authority (School of the Ozarks), July 29, 2022
5C US supp auth School of the Ozarks 7 29
Plaintiffs’ response to School of the Ozarks, July 29, 2022
ACLU supplemental authority (NPRM), August 1, 2022
Plaintiffs’ response to NPRM as supplemental authority, August 1, 2022
| 08/04/2022 | ORAL ARGUMENT HEARD before Judges Elrod, Willett, Engelhardt. Arguing Person Information Updated for: Joshua A. Block arguing for Appellant American Civil Liberties Union of Texas; Arguing Person Information Updated for: Joseph Charles Davis arguing for Appellee Christian Medical and Dental Society, Appellee Incorporated Franciscan Alliance; Arguing Person Information Updated for: McKaye Lea Neumeister arguing for Appellant Secretary Becerra, U.S. Department of Health and Human Services [21-11174] (SME) [Entered: 08/04/2022 12:02 PM] |
Opinion, August 26, 2022
Order administratively closing case, September 29, 2022
==========
Complaint in The Religious Sisters of Mercy v. Burwell, No. 3:16-cv-386 (filed November 7, 2016) 1026880-0–2510
Complaint in Catholic Benefits Ass’n v. Burwell, No. 3:16-cv-432 (filed December 28, 2016) 1040482-0–2480
North Dakota v. Burwell, No. 3:16-cv-386 (D. N.D.), US motion for voluntary remand/stay, May 26, 2017 1091550-0–16594
Plaintiffs’ request for additional stay, May 30, 20171091698-0–30199
Plaintiffs’ response to US motion for voluntary remand, June 9, 20171095695-0–30256
US EEOC op to stay, June 13, 20171096702-0–30292
Plaintiffs’ reply in support of stay, June 20, 20171098624-0–30332
US notice of supplemental authority, July 12, 20171104175-0–3557
Stay but no remand order, August 24, 20171118387-0–4693
Status report, April 3, 2020
| 04/06/2020 | 82 | (Text Only) STATUS REPORT ORDER by Magistrate Judge Alice R. Senechal. Pursuant to the court’s 56 Order, HHS and EEOC shall file status reports every ninety (90) days. The next status report is due by 07/06/2020. (AS) (Entered: 04/06/2020) |
Status report, July 6, 2020
Plaintiffs’ status report, August 5, 2020
US status report, August 5, 2020
US status report, October 5, 2020
Catholic Benefits Ass’n status report, October 5, 2020
North Dakota and others status report, October 5, 2020
| 10/06/2020 | 91 | (Text Only) STATUS REPORT ORDER by Magistrate Judge Alice R. Senechal. Plaintiffs’ request to submit a status report within sixty days and for permission to file a motion or other document during that time, apprising the court of their views on whether and how this case should proceed, is GRANTED. If plaintiffs file a motion or other document, defendants may file a response as permitted under the local rules. The parties shall file status reports by 12/4/2020. (AS) (Entered: 10/06/2020) |
Plaintiffs’ unopposed motion to lift stay, November 6, 2020
| 11/09/2020 | 93 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed 92 Motion to Lift Stay. Plaintiffs’ amended complaint is due by 11/23/2020. Defendants’ answer or other response is due by 12/23/2020. (AS) (Entered: 11/09/2020) |
| 11/09/2020 | 94 | NOTICE of Hearing: Status Conference set for 1/5/2021 at 09:00 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiffs shall initiate the call. The telephone number for chambers is 701-297-7070. (AS) (Entered: 11/09/2020) |
Plaintiffs’ amended complaint, November 23, 2020
Plaintiffs’ motion for summary judgment, including memorandum in support and exhibits, November 23, 2020
US motion to dismiss, December 23, 2020
US memo supporting motion to dismiss and opposing summary judgment, December 23, 2020
| 01/04/2021 | 114 | (Text Only) ORDER by Chief Judge Peter D. Welte granting 100 and 102 Motions for Hearing. Motion Hearing set for 1/14/2021 at 01:00 PM by telephone before Chief Judge Peter D. Welte. Conference call information provided to parties via email. (MK) (Entered: 01/04/2021) |
North Dakota opposition/reply, January 6, 2021
Catholic Benefits Ass’n opposition/reply, January 6, 2021
Additional exhibits, January 11, 2021
Minute entry for arguments, January 14, 2021
Memorandum and order, January 19, 2021
Unopposed US motion for extension of time to answer, February 1, 2021
| 02/05/2021 | 127 | NOTICE of Hearing: Status Conference set for 2/22/2021 at 11:30 AM by telephone before Chief Judge Peter D. Welte. Conference call information provided to parties via email. (MK) (Entered: 02/05/2021) |
US motion for reconsideration, February 16, 2021
Plaintiffs’ dismissal of various claims, February 18, 2021
Plaintiffs’ unopposed motion for entry of final judgment, including proposed order, February 18, 2021
Order, February 19, 2021
| 02/19/2021 | 134 | (Text Only) ORDER by Chief Judge Peter D. Welte finding as moot 130 Motion for Reconsideration re 124 Memorandum and Order. (MK) (Entered: 02/19/2021) |
US notice of appeal, April 20, 2021
Eighth Circuit # 21-1890
Appellants’ statement of issues, May 5, 2021
Scheduling order, June 3, 2021
US brief and appendix, June 16, 2021
Catholic Benefits Ass’n appellee brief, September 3, 2021
Religious Sisters of Mercy appellee brief, September 3, 2021
US reply brief, October 21, 2021
| 11/12/2021 | SET FOR ARGUMENT – CASE PLACED ON CALENDAR – for Argument in St. Paul on Wednesday, December 15, 2021. To be heard before Judges Lavenski R. Smith, Raymond W. Gruender and Jonathan A. Kobes in Division I. The courtroom deputy will be Michelle Hyatt. All attorneys presenting oral argument must complete a Response Form. Click Here to Complete the Oral Argument Response Form. Click Here for the Complete Calendar |
| 12/15/2021 | ARGUED & SUBMITTED in St. Paul to Judges Lavenski R. Smith, Raymond W. Gruender, Jonathan A. Kobes on 12/15/2021 Ashley A. Cheung for Appellants United States Equal Employment Opportunity Commission, HHS, Mr. Xavier Becerra and Ms. Charlotte Burrows Luke W. Goodrich for Appellees The Religious Sisters of Mercy, Sacred Heart Mercy Health Care Center, SMP Health System and University of Mary Ian Speir for Appellees Catholic Medical Association, Catholic Benefits Association, Diocese of Fargo and Catholic Charities of North Dakota. Rebuttal by Ashley A. Cheung for United States Equal Employment Opportunity Commission, HHS, Mr. Xavier Becerra and Ms. Charlotte Burrows RECORDED. Click Here To Listen to Oral Argument [5108410] [21-1890] (MMH) [Entered: 12/15/2021 12:31 PM] |
Plaintiffs’ additional authority, May 3, 2022
Defendants’ response, May 5, 2022
Plaintiffs’ additional authority (Christian Employers), May 20, 2022
8C pltf addl auth Xian Employers 5 20
US Christian Employers response, May 24, 2022
8C US Xian Employers response 5 24
Order for supplemental briefing, June 21, 2022
US response, July 6, 2022
Plaintiffs’ response, July 6, 2022
US 28(j) citation, July 28, 2022
8C US 28 j school of the ozarks 7 28
Plaintiffs’ response, July 29, 2022
Plaintiffs’ additional authority NPRM, August 9, 2022
Plaintiffs’ additional authority (Franciscan Alliance oral argument), August 9, 2022
US response re NPRM, August 11, 2022
US response re Franciscan Alliance, August 12, 2022
Plaintiffs’ additional authority, August 29, 2022
US response re Franciscan Alliance, September 2, 2022
CBA response re Franciscan Alliance, September 2, 2022
CBA notice re FA cert deadline expiring, November 29, 2022
8C ND CBA notice that FA cert deadline expired 11 29 22
Opinion, December 9, 2022
US petition for rehearing en banc, January 23, 2023
CBA petitionfor rehearing en banc, January 23, 2023
Request for response, February 7, 2023
US response to CBA petition, February 17, 2023
CBA request for leave to file reply, February 24, 2023
Order denying both petitions for rehearing en banc, March 21, 2023
8C ND order denying rhebs 3 21 23
=====
Christian Employers Alliance v. U.S. Equal Employment Opportunity Commission, No. 1:21-cv-195 (D. N.D., filed Oct. 18, 2021)
Complaint
Motion for preliminary injunction, October 21, 2021
Opposition to preliminary injunction, November 22, 2021
Reply supporting preliminary injunction, December 23, 2021
Order granting motion for preliminary injunction, May 16, 2022
US motion to amend/correct, June 6, 2022
CEA US mo amend correct 6 6 22
Order on amend/correct motion, July 28, 2022
CEA order amending correcting 7 28 22
Notice of appeal, September 23, 2022
CEA US notice of appeal 9 23 22
Eighth Circuit # 22-3018
US motion to hold appeal in abeyance, October 7, 2022
Plaintiffs’ opposition to abeyance, October 12, 2022
8C CEA CEA abeyance op 10 12 22
US abeyance reply, October 14, 2022
8C CEA US abeyance reply 10 14 22
Motion to convert preliminary injunction into final judgment, December 16, 2022
US motion to stay, and opposition to motion to convert, December 30, 2022
CEA 1557 US stay ms conv op 12 30 22
Plaintiffs’ replies, January 3, 2023
Notice of appeal, January 13, 2023
US notice re rehearing en banc petitions, January 27, 2023
US notice re Eighth Circuit denial, March 22, 2023
Opening brief, March 30, 2023
Scheduling order, May 19, 2023
[]
Brief due 6/20
=====
Complaint in Neese v. Becerra, No. 2:21-cv-163 (N.D. Tex., filed August 25, 2021)
First amended complaint, November 23, 2021
US motion to dismiss first amended complaint, December 14, 2021
Neese US mo dism 1st ad c 12 14
Plaintiffs’ opposition, January 4, 2022
US reply, January 18, 2022
Order denying first motion to dismiss as moot, January 20, 2022
Neese order denying 1st mo dism as moot 1 20
Plaintiffs’ notice re US letter, April 4, 2022
Neese pltf notice re US letter 4 4
US response to plaintiffs’ notice, April 12, 2022
Order denying US motion to dismiss, April 26, 2022
Neese order denying dism 4 26 22
US answer, May 10, 2022
Three Female Athletes amicus, August 5, 2022
Neese Three Female Athletes amicus 8 5
Neese motion to certify class, and memo, August 5, 2022
Neese motion for summary judgment, and memo, August 5, 2022
U.S. cross-motion for summary judgment, August 26, 2022
U.S. memo opposing summary judgment, supporting cross-motion, August 26, 2022
U.S. opposition to class certification, August 26, 2022
Plaintiffs’ class certification reply, September 9, 2022
Plaintiffs’ summary judgment reply, September 16, 2022
US summary judgment reply, September 30, 2022
Plaintiffs’ additional authority (Texas v. EEOC), October 8, 2022
Neese pltf addl auth TX EEOC 10 8 22
Order certifying class, October 14, 2022
Opinion and order, November 11, 2022
Plaintiffs’ proposed class certification order, November 21, 2022
Neese pltf prop class cert order 11 21
US proposed judgment, November 21, 2022
Neese US proposed judgment 11 21
Plaintiffs’ proposed judgment, November 21, 2022
Neese pltf proposed judgment 11 21
Class certification order, November 22, 2022
Judgment, November 22, 2022
US notice of appeal, January 20, 2023
Fifth Circuit # 23-10078
US opening brief and appendix, March 27, 2023
5C Neese US record excerpts 3 27 23
American Cancer Society amicus, April 3, 2023
5C Neese Am Cancer Soc amicus 4 3 23
Gender Justice Organizations amicus, April 3, 2023
5C Neese Am Gender Orgzs amicus 4 3 23
Appellees’ brief, May 26, 2023
[]
========
Complaint in American College of Pediatricians v. Becerra, No. 1:21-cv-195 (E.D. Tenn., filed August 26, 2021)
First amended complaint, November 10, 2021
Plaintiffs’ motion for partial summary judgment, January 7, 2022
Defendants’ motion to stay, January 18, 2022
Opposition to motion to stay, January 21, 2022
Scheduling order, April 20, 2022
Recusal, June 24, 2022
Reassignment, June 28, 2022
| 06/30/2022 | 45 | TEXT ORDER A Telephonic Status Conference is set for 7/12/2022 at 01:30 PM before District Judge Travis R. McDonough. Dial-in instructions will be circulated via email. Signed by District Judge Travis R. McDonough on 06/30/2022. (ACC) (Entered: 06/30/2022 |
Scheduling order, July 19, 2022
US motion and memo to dismiss, July 19, 2022
Plaintiffs’ opposition to motion to dismiss, August 18, 2022
Plaintiffs’ additional authority (Franciscan Alliance), August 27, 2022
US reply supporting dismissal, August 31, 2022
Order cancelling oral argument, October 3, 2022
Opinion, November 18, 2022
Order/judgment, November 18, 2022
[]
Sixth Circuit No. 23-5053
Opening brief, March 30, 2023
Center for American Liberty amicus, April 6, 2023
6C ACOP Center for American Liberty amicus 4 6 23
Liberty Justice Center amicus, April 6, 2023
6C ACOP Liberty Justice Center amicus 4 6 23
Ethics and Public Policy Center amicus, April 6, 2023
6C Ethics and Public Policy Center amicus 4 6 23
===
(See also Tennessee v. U.S. Dep’t of Education, No. 3:21-cv-308 (E.D. Tenn., filed August 30, 2021))
======
Christian Employers Alliance v. EEOC, No. 1:21-cv-195 (D. N.D.)
Complaint, October 18, 2021
[]
Order granting preliminary injunction, May 16, 2022
===
Texas v. EEOC, No. 2:21-cv-194 (N.D. Tex.)
Complaint, September 20, 2021
[]
Order largely denying motion to dismiss, May 26, 2022
[]
===
Cummings (504 and 1557)
Cummings v. Premier Rehab Keller,No. 4:18-cv-649 (N.D. Tex., filed August 7, 2018)
[]
Order dismissing complaint, January 16, 2019
[]
Fifth Circuit opinion, January 24, 2020
[]
Solicitor General’s views,
20210525164611783_20-219 Cummings vf
[]
Cummings opening brief, August 23, 2021
American Ass’n for Justice amicus, August 26, 2021
20210826085826316_AAJ Amicus Cummings Brief FINAL 8 26 21
Disability Organizations amicus brief, August 30, 2021
20210830143841749_20-219 tsac Disability Organizations
NAACP amicus, August 30, 2021
20210830152949584_FOR FILING 2021.08.27 Cummings Amicus
Law Professors amicus, August 30, 2021
20210830123238684_Cummings Final Brief
US amicus brief, August 30, 2021
20210830222142004_20-219tsacUnitedStates
Premier Rehab Keller respondent brief, September 29, 2021
Washington Legal Foundation amicus, October 5, 2021
20211005142534468_WLF Amicus – Cummings v. Premier Rehab
Texas amicus brief, October 5, 2021
20211006134712160_20-219 Amici Brief
National Conference of State Legislatures amicus, October 5, 2021
20211006130850466_20-219 – Amici Brief
Chamber of Commerce of the U.S. amicus, October 6, 2021
Cummings reply, November 2, 2021
20211102144647013_Cummings merits reply final
Transcript of oral argument, November 30, 2021
No. 20-219 (April 28, 2022)
Cummings petition for rehearing, May 23, 2022
20220523132820596_CummingsRehearing Main EFILE May 23 22
| Jun 21 2022 | Rehearing DENIED. |
===
U.S. v. Florida, No. 21-1384
Appendix, including Eleventh Circuit opinion, No. 17–13595 (11th Cir., Sept. 17, 2019)
20220421114919602_Florida v US Appendix with TOC for filing
Florida cert petition, April 21, 2022
20220421114859962_Florida v. US – cert petition v.f
Texas Alabama Alaska amicus, May 26, 2022
20220526135628297_21-1384 Amici Brief
US opposition, August 19, 2022
20220819163915648_21-1384 Florida
Florida reply, September 6, 2022
20220906140839443_Florida v. US – cert reply v.f
| Sep 07 2022 | DISTRIBUTED for Conference of 9/28/2022. |
| Oct 03 2022 | Petition DENIED. |
=====
Supplemental Nutrition Assistance Program: Civil Rights Update to the Federal-State Agreement, 87 Fed. Reg. 35,855 (June 14, 2022)
Tennessee v. USDA, No. 3:22-cv-257 (E.D. Tenn., filed July 26, 2022)
Complaint
Motion and memo for preliminary injunction, July 26, 2022
Opposition to motion for preliminary injunction, September 9, 2022
Reply supporting preliminary injunction, September 23, 2022
US motion to dismiss, and memo, December 5, 2022
Plaintiffs’ opposition to motion to dismiss, December 30, 2022
Plaintiffs’ notice of additional authority (Adams), January 6, 2023
US reply supporting motion to dismiss, January 17, 2023
Arizona voluntary dismissal, February 16, 2023
TN v USDA AZ notice vol dism 2 16 23
Memorandum opinion, judgment, March 29, 2023
TN v USDA memorandum opinion 3 29 23
+++
Preliminary injunction opinion in Tennessee v. U.S. Dep’t of Education, No. 3:21-cv-308 (E.D. Tenn., July 15, 2022)
TN v US DOE prelim inj order 7 15 22
Opening US brief in No. 22-5807, December 15, 2022
6C TN v US DOE US opening br 12 15 22
Tennessee appellee brief, January 24, 2023
6C TN v US DOE TN appellee br 1 24 23
US reply brief, February 14, 2023
Anchorage Daily News story, March 4, 2023
Arizona withdrawal and withdrawal of withdrawal, March 10 and 13, 2023
TN v USDOE AZ wdwl of wdwl 3 13 23
Arizona motion to drop itself, March 27, 2023
TN v US DOE AZ mo drop AZ 3 27 23
Notice from plaintiffs re USDOJ filings, April 5, 2023
6C TN v US DOE interv letter re US policy 4 5 23
Order for supplemental briefing, April 10, 2023
6C TN v US DOE req supp br 4 10 23
US response, April 13, 2023
6C TN v US DOE US response 4 13 23
Tennessee response, April 13, 2023
6C TN v US DOE TN response 4 13 23
Tennessee additional authority (Axon), April 17, 2023
6C TN v US DOE TN addl auth Axon 4 17 23
Tennessee supplemental brief re notices, April 19, 2023
6C TN v US DOE TN supp br notices 4 19 23
US supplemental brief re notices, April 19, 2023
6C TN v US DOE US supp br notices 4 19 23
US Axon response, April 21, 2023
6C TN v US DOE US Axon response 4 21 23
Tennessee additional authority (State laws), April 21, 2023
6C TN v US DOE TN addl auth state laws 4 21 23
US response re state laws, April 24, 2023
6C TN v US DOE US state laws response 4 24 23
Oral argument record, April 26, 2023
6C TN v US DOE oral argument 4 26 23
===
Being v. Crum, No. 3:19-cv-60 (D. Alaska)
Settlement agreement, December 22, 2020
===
Williams v. Kincaid, No. 1:20-cv-1397 (E.D. Va.)
[]
Fourth Circuit # 21-2030
[]
Disability Law Center of Virginia/Disability Rights Vermont amicus, December 8, 2021
GLBTQ Legal amicus, December 9, 2021
4C GLBTQ Legal Advocates amicus 12 9 21
[]
| 03/11/2022 | 67 | ORAL ARGUMENT heard before the Honorable Diana Gribbon Motz, Pamela A. Harris and A. Marvin Quattlebaum, Jr.. Attorneys arguing case: Joshua Harry Erlich for Appellant Kesha T. Williams and Mr. Philip Corliss Krone for Appellees Garcia, Stacey A. Kincaid and Xin Wang. Courtroom Deputy: Rickie Edwards. [1001125657] [21-2030] RE [Entered: 03/11/2022 08:36 AM] |
Opinion, and attachment, August 16, 2022
4C Williams v Kincaid opinion 8 16 22
4C Williams v Kincaid opinion attachment 8 16 22
Petition for rehearing en banc, August 30, 2022
4C Williams v Kincaid pet rheb 8 30 22
En banc opposition, September 19, 2022
Williams v Kincaid response to pet rheb 9 19 22
Order denying rehearing en banc, October 7, 2022
Williams v Kincaid rheb denial 10 7 22
Cert petition, No. 22-633, January 5, 2023
20230105152855126_Kincaid v Williams – Petition
Cert response, April 3, 2023
====
MEDICAL RATIONING, STARTING WITH THE WASHINGTON STATE CORONAVIRUS OCR COMPLAINT
Disability Rights Washington OCR complaint, March 23, 2020
Alabama Disabilities Advocacy Program OCR complaint, March 24, 2020
Disability Rights Tennessee OCR complaint, March 27, 2020
2020-03-27-TN-OCR-Complaint-re-Healthcare-Rationing-Guidelines
Disability Rights Center of Kansas OCR complaint, March 27, 2020
Kansas-OCR-complaint-3.27.20-final
HHS Office of Civil Rights bulletin, March 28, 2020
Affordable Care Act Litigation 